Post-Judgment Modifications

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Post-Judgment Modifications

For divorced couples, life changes often call for a change in the terms of a divorce. Most divorce orders can be modified if circumstances change. The most common modification areas are child custody, child support, parenting time and spousal support/alimony. At the Zanolli Family Law, we advise parents about post-judgment modifications and help them complete the procedures required to make changes legally enforceable.

Examples of Modifications

Modification begins with the precept of protecting the “best interest of the child”. The court takes this into consideration when making any decisions about changes in child custody, child support and parenting time. We help parents and ex-spouses to make the necessary changes to orders such as the following:


Child Support. A significant increase or decrease in income, a significant change in the parenting time schedule, loss of a job or a similar situation can necessitate a change in the child support figures.


Child Custody. A child custody order is never set in stone. Modifications in child custody are authorized upon a showing of “proper cause or because of change of circumstances” and if it is in the best interest of the child. Child custody may be modified if an ex-spouse becomes disabled or ill, moves out of the area or is sentenced to prison or experiences drug or alcohol addiction problems.

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Parenting Time. Parents may modify the parenting time provision in their divorce judgment. If one parent moves away, experiences a permanent change in his or her work schedule or is unable to adhere to a parenting time schedule, it is generally possible to modify the original order.

 

Spousal Support/Alimony. In some cases, if circumstances change, ex-spouses can request an increase or decrease in spousal support payments. These situations include an ex-spouse remarrying, a change in income, a change in financial needs or cohabitation.


We represent both women and men in modification matters. Some clients may be seeking a change, while others may be opposing the other party’s request. Courts can be exacting and are always focused on the best interests of the child involved. We believe that the advice you receive from your lawyer should always be honest and helpful. We will give you our best estimate of your chances of success in matters related to modifications in light of how the court will probably likely view your proposal.

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