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What Is A Post-Judgment Modification?

  • By: Eric Hannum, Esq.
  • Published: February 1, 2021
What Is A Post-Judgment Modification?

A post-judgment modification is just that: a modification to a court order after the order has been finalized by the court. These are not uncommon with divorce cases because the conditions present in child custody, child support, and alimony orders can change in the years following the divorce.

Post-judgment modifications do not happen automatically. The party seeking the modification must petition to the court to have the modification made. The burden of proof is on the petitioning individual, which means that he or she has to prove to the court that the modification he or she is requesting is either in the child’s best interest or accurately reflects changed financial circumstances for him- or herself or his or her former spouse, as is the case with alimony order modifications. To learn more about the extent of the burden of proof that is upon you and the process for seeking a post-judgment modification, work with an experienced divorce and family attorney.

Modifying A Child Custody Order

Sometimes, a child would be better served by a new custody order. Examples of these circumstances include:

  • The presence of a new party in one of the parent’s households;
  • Relocation of one of the parents;
  • A changed relationship with the child;
  • A change in the child’s schedule due to academic or other demands; and
  • Changing personal needs of the child.

Modifying A Child Support Order

To modify a child support order, the parent seeking the modification must prove that the child would be better served by a higher or lower support amount. Examples of reasons for seeking a child support modification include:

  • A life-altering diagnosis or injury to the child;
  • The child graduating from high school or turning 18;
  • A changed relationship with the child; and

Relocation of the custodial parent that leads to lower childcare expenses, such as a new marriage that allows him or her to become a stay-at-home parent and no longer need to pay for childcare.

Modifying An Alimony Order

An alimony order may be made whenever there are significantly changed circumstances for either party. Examples of such circumstances include job loss or retirement on the part of the paying party or any of the following for the receiving party:

  • Completion of college or trade school;
  • Dropping out of college or trade school;
  • Moving in with a new partner;
  • Remarriage; and
  • Employment of the receiving party.

Work With A New Jersey Divorce Attorney

For help understanding the legal terms you encounter during the divorce process and after your divorce is finalized, work with an experienced New Jersey divorce attorney. Our team of experienced divorce attorneys at The Law Office of Eric B. Hannum Esq., LLC. can help you by explaining your rights, the terms you encounter, and what you can expect from the divorce process to you in a clear, understandable manner. Contact us today to schedule your legal consultation with our firm. We provide legal services to clients in Mercer, Monmouth, Middlesex, Ocean, and Burlington counties.

Eric Hannum, Esq.

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