Proving the Necessity of a Post Judgment Modification
Court judgments regarding finances and children are based on the information disclosed during the legal proceedings at that time. Over a period of months or years, the financial situation of either spouse or co-parents of a child can change significantly. When this occurs, the court has the right to enter a post-judgment modification of the previous ruling in order to accommodate the changing circumstances of the parties.
When you want to modify the terms of a court judgment, tangible evidence must be submitted to the court to prove that the change is necessary and equitable. We let our clients know the documents we need from them and will request the appropriate documents from the other party’s legal representative in order to build our case. Testimony by either party may also be required in order to justify the request for modification.
Types of Court Decisions Subject to Post Judgment Modification
The court reserves the right to change the terms of an agreement or order regarding:
- Child custody
- Child support
Valid Grounds for Requesting a Post Judgment Modification
We know that finances and social situations of either party are subject to change. If the current legal agreement is no longer adequate or applicable to your current circumstances, we can request for the court to review the case and issue a modification. Reasons for requesting a modification include:
- Money for daycare expenses may no longer be necessary as the child gets older
- Child’s educational and recreational expenses may increase
- Increase in child’s healthcare expenses due to illness or medical condition
- Spousal support not needed if recipient of alimony remarries
- Parent may need to decrease amount of child support due to demotion or job loss