How do I Get a Post-Judgment Modification?

Naturally, life changes. If you have resolved the terms of your divorce, months, or even years ago, there is a good chance those terms are no longer in everybody’s best interests. If you have moved farther away to take a new job, for example, you may need to request a modification in the child custody or parenting time terms of your divorce. While a logical decision may seem fairly straightforward to you, there is a good chance you will have to jump through several potential legal hoops before you are granted a post-judgment modification. For example, your spouse may not agree with your proposed terms, and you may have to resolve these issues in a courtroom setting. This is often a very stressful experience, and you should not have to go it alone. Thankfully, a knowledgeable attorney and a bit of self-education can prepare you for the divorce modification process. Here are some of the questions you may have:

What are valid grounds to modify my divorce?

Generally, the main determining factor in granting a post-judgment modification is whether you or your spouse can demonstrate evidence of a significant, unforeseen, and ongoing change in circumstances. Some examples of such changes in circumstances are as follows:

  • Your child has reached adulthood and no longer requires child support
  • Your child is going to college, and the court must determine tuition and other related expenses
  • You or your former spouse are now cohabitating with another person
  • You or your former spouse have had a significant change in their working status, such as a promotion, demotion, or is now unemployed
  • Your child’s schedule has changed
  • You or your former spouse have exposed your child to domestic violence, abuse, neglect, substance abuse, or any other scenario that may question your parental fitness

What issues may my post-judgment modification address?

Your post-judgment modification may address issues such as child support, spousal support, and child custody. Generally, most of the situations described above will warrant a modification, however, a modification is far from automatic. The courts will make you prove that you need a divorce modification, so you should hire an experienced attorney who will help assemble the necessary documentation and evidence. Some documents that may help you prove your case are police reports, financial documents, tax returns, school records, and more. While you can try to reach an agreement with your former spouse, it is usually best to hire an attorney to ensure you have someone looking out for your best interests at all times.

Contact our experienced New York firm

Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.