Post-judgment modification actions refer to actions requesting modification of any terms specified in the court order.
Issues Court will consider
When the divorce decree has been finalized, the court will not entertain new issues of alimony or property. However motions to modify alimony, child custody or child support will be considered by the court.
Reasons for Filing Post-judgment Modification Actions in Child Support
Either spouse can file to modify judgment on child support if there have been significant and material changes in circumstances. A custodial parent can file for upward modification of child support citing increase in cost of living expenses or the parent’s own loss of employment that has reduced his/her income. A non-custodial parent paying child support can seek downward modification if he/she has lost his/her job or is unable to work due to ill health or disability. An upswing in the financial fortunes of the other (custodial) parent may also be cited as grounds for downward post judgment modification action.
Reasons for Filing Post-judgment Modification Actions in Child Custody
When it comes to deciding matters of child custody, the best interests of the child are paramount. A post-judgment custody modification action may be appropriate if the custodial parent is intending to relocate with the child away from the state or if the non-custodial parent feels that certain changes in the custodial parent’s lifestyle may have an emotionally disturbing impact on the child. In some cases, the child’s preference to modify the custody arrangement may be grounds for bringing in post-judgment modification action.
We at McIlveen Family Law Firm have significant experience in areas of post-judgment modification actions. We can help clients file motions to modify appropriately. We also help clients who find themselves defendants to actions filed by their ex-spouses.
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