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Contact Us 505.843.7303
Contact Us 505.843.7303
Albuquerque Divorce Attorney

New Mexico Post-Judgement Modifications

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:

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

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Albuquerque

Need Help With a Post Judgement Modification?

Call New Mexico Legal Group at 505.843.7303 or get started with a free case evaluation.

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Frequently Asked Questions

Parenting time and custody modification
Child custody, parenting time, and decision-making for the children are all important considerations for the original divorce decree.
Again, if there are substantial and continuing changes to circumstances, these can all be modified to reflect the changes.
For instance, if you were granted joint decision-making capabilities for your children, but your ex-spouse refuses to fulfill their side of the agreement, you may seek sole decision-making responsibility from the court system.
The court’s duty to protect the best interests of the children dictates that it must consider any new factors and circumstances that would affect the wellbeing and upbringing of the children. While the court will always consider the best interests of the children, sometimes a modification requires an endangerment standard, a certain length of time to pass, or other standards. It is important to seek legal advice to know the difference between the standard you must prove.
In order to make a modification, you must file a motion that is specific to what you want to modify.
Sometimes there is a one-year time limit that applies to file subsequent motions after the first motion for modifying parenting time, custody or decision-making responsibility has been filed.
Motions to modify are therefore generally more complex than with maintenance or child support.
Speak to an experienced divorce attorney to understand what it is possible to modify, the restrictions that apply, and what the chances are of being successful.

 

Property division modification
The final main area where divorced spouses seek modification is property division.
The original divorce decree was made with the assumption of full possession of the facts about the married couple’s material assets and liabilities and incomes.
If one of the parties either withheld key information or provided false information that would have affected the initial ruling, a motion to reopen can be filed by either party.
Once a decision has been reached regarding a certain piece of property, the order is final and cannot be modified.
Reasons for modification
If you are considering the terms of your divorce settlement and decide that they are unfair based on new information that was withheld or not considered at the time of the original decree, you can file a motion through your divorce lawyer for the court to reassess.
In most cases, the reasons for modification are:

oA change in the income of you or your ex-spouse (e.g., a promotion, raise or redundancy)
o A change in living conditions for you or your ex-spouse
o A change in the financial needs of a child (e.g. the need for medical care)
o A deterioration in the physical or mental health of an ex-spouse
o An inability for your ex-spouse to honor the terms of the original decree
o The remarriage of your ex-spouse
o Drug or alcohol abuse or a criminal conviction of an ex-spouse

 

Divorce decree modification lawyers in New Mexico
As well as helping spouses with the divorce process, the divorce lawyers at New Mexico Legal Group assist with making important decree modifications that better reflect the current life situations of divorced couples and their children.

If your circumstances have changed since your divorce, we can help you successfully modify spousal support, parenting time, child support or other elements of your agreement. Need help with a divorce modification in Albuquerque or Las Cruces??
Call New Mexico Legal Group at (505) 843-7303 to reach our Albuquerque office or (575) 339-2100 to reach our Las Cruces office. Get started with a free case evaluation.

Contact Us


Email: info@newmexicolegalgroup.com

Phone:
(505) 843-7303

Albuquerque Office
2701 Arizona Street NE
Albuquerque, NM 87110
(505) 843-7303

Rio Rancho Office
4351 Jager Dr., NE
Rio Rancho, NM 87102
(505) 247-4529

Las Cruces Office
500 N Church St.
Las Cruces, NM 88001
(575) 339-2100

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