What is a Post-Judgment Modification?

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Though divorce is the last thing any couple expects when they are first married, the unfortunate reality is, it happens. When spouses are in a contested divorce, both their assets and the terms of their divorce itself are thrown into the litigation process. Unsurprisingly, both former spouses are left at least fairly dissatisfied with the outcome, though, at that point, most former spouses are simply glad the divorce process is over. However, just as your marital status changed, all other aspects of life change as well. This is why it is natural for people to request a post-judgment modification in the months or years following their divorce. If you are interested in updating the terms of your divorce, here are some of the questions you may have regarding your legal options going forward:

When can I get a post-judgment modification?

Some of the circumstances that may justify a post-judgment modification are as follows:

  • You or your former spouse were promoted, demoted, or had another type of major financial shift
  • Your child is of college age and tuition, as well as related expenses, need to be discussed
  • Your child’s schedule has changed due to sports, after-school activities, or other reasons
  • Your child has reached adulthood and no longer legally requires child support
  • You or your former spouse are now cohabitating with another person
  • You or your former spouse have exposed your child to domestic violence, neglect, abuse, or any other behavior that may put your parental fitness into question.

What terms of my divorce can be changed in a post-judgment modification?

Summarily, you may address issues such as spousal support, child custody, child support, property distribution, and more in your post-judgment modification. If you believe you and your spouse will be able to agree on new terms of your divorce, you may submit a consent order to the courts, and if it is approved, you will have successfully, legally updated the terms of your divorce.
However, doing so opens you up to several legal pitfalls, which is why our firm generally recommends you hire a knowledgeable attorney instead. You will have to prove to the courts that a post-judgment modification is absolutely necessary, and an experienced attorney can help you collect necessary documents, such as school records, tax returns, police reports, financial documents, and more to present the most convincing case possible.

Contact our experienced New York firm

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.

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