What Is a Post Judgment Modification?
Circumstances change. And sometimes it becomes necessary to modify the terms of a divorce agreement when one party’s circumstances change so much that it becomes difficult to comply with the terms of the original divorce agreement. A post judgment modification enables you to make changes to a divorce agreement after the fact.
What Is Covered in a Post Judgment Modification?
Post judgment modifications can cover a wide variety of topics but they mainly cover issues around child custody, child support, and alimony/spousal support.
- Child Custody Modification – A child custody modification changes the amount of time a child spends with each parent. It may also change the child’s primary residence or who has legal custody of the child.
- Child Support Modification – Each state, including Connecticut, has complex guidelines for determining the amount of child support a parent will pay. Our attorneys use the same software the court uses so we can give you a solid idea of whether child support payments are likely to change and by how much.
- Alimony/Spousal Support Modification – Similar to child support, the court considers many factors when determining alimony or spousal support. These include the income, education and earning capacity of each spouse, the length of the marriage, and wealth factors such as property, debts and value of retirement accounts.
When Can You Get a Post Judgment Modification?
The party who wants a post judgment modification must show that there has been a significant change in circumstances since the original divorce order and that the changes they are proposing are in the best interests of the children.
Significant changes that can trigger the need for a post judgment modification include:
- An increase or decrease in income that would change the child support order by 15% or more
- Anything that changes the cost of raising the child such a medical issue
- A job loss or job change that requires a parent to move
- A change in a parent’s schedule that affects the current visitation schedule
- A change in the family that necessitates changing the child’s primary residence or the division of parental rights and responsibilities
Mediation for Post Judgment Modifications
Mediation is a better method for negotiating post judgment modifications because when former spouses negotiate, they are more likely to come to consensus on what will change and by how much. Mediation can also cost significantly less than going to court because both parties cut down on the amount of time their lawyer spend fighting the court case. Even if you didn’t mediate your divorce or separation, you can mediate post judgment modifications to your divorce agreement.
Post-Divorce Mediation is:
- 90% less expensive than litigation
- Confidential and private
- On your time schedule, not the court’s schedule
- Tailored to your family’s needs
Whenever possible, consider mediation for modification of:
- Your custody arrangements and parenting plan
- Child support and spousal support
- Property settlement, especially when things didn’t work out as planned
You may think your situation qualifies for a post judgment modification but it may not meet the threshold of change the court deems necessary. Our divorce attorneys can help you make the case for a post judgment modification. We can also defend you against post judgment modifications you think are unfair. Call our offices at (860) 218-2122 to learn how we can help you.