Post-Judgment Enforcement & Modification
Although your original separation or divorce agreement may have worked initially, there may be a significant change in circumstances that has made compliance difficult, inconvenient or impossible. In these situations, you may be able to pursue a post-judgment modification that will allow you to alter your existing child custody, visitation, child support or spousal support arrangement. There may also be the situation where you are owed money from a prior agreement and your former partner or spouse has not paid what you are owed. Not just any change in circumstances may qualify for a post-judgment modification. If you are to pursue a post-judgment modification, you will need to prove that the change is significant enough to warrant the time and expense spent in pursuing a change of your existing agreement in court. Some examples of situations that may qualify for a divorce modification may include:
- Involuntary job loss or demotion that has dramatically changed one parent's income
- The relocation of a custodial parent, when the move is far enough to significantly impact the child's life
- Drug abuse, alcohol abuse or domestic violence at the custodial parent's home, placing the child at risk
- The cohabitation or remarriage of a spouse
For the party requesting a post-judgment modification, the burden of proof you will need to supply the court with evidence that a modification is warranted.