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4 Situations Where a Post-Judgment Modification May Be Necessary

Posted by Neil Tyra | May 20, 2018 | 0 Comments

After a divorce is finalized, you will have several orders in place that must be followed for a set period of time. In most cases, these orders will be in place for several years at the least, and in some situations, are actually meant to last for life. The courts understand, however, that people's situations change and it is sometimes necessary to have a post-judgment modification made. The following are four common examples of when it makes sense to petition the courts for a change in one or more court orders.

As Children Get Older

As children get older, their needs are going to change significantly. Having the ability to modify a child custody order as they grow up just makes sense. The courts are usually quite accommodating when it comes to making changes every few years, if appropriate. Many people seek to have parenting time adjusted when children enter school, begin high school, or have other significant milestones in their life.

When Income Changes Significantly

If the income of one of the party's changes significantly, it can have an impact on things like spousal support and child support. If the party paying either type of support gets a large raise, it may be appropriate for the other party to request an increase in the amount of payment. If that same party takes a significant pay cut that is expected to be permanent, they may request that their support obligations are reduced.

Change in Relationship Status

If a party that is receiving spousal support gets remarried, they are typically no longer entitled to keep receiving payments. While remarriage presents an obvious cutoff point for ending spousal support, the courts can evaluate any change in relationship status. If a receiving spouse moves in with a new partner but does not get married, the courts may choose to reduce or eliminate spousal support. These situations can be quite complex and need to be evaluated on a case by case basis.

Parties Are Relocating

In the event that one of the parties decides to move a long distance away, it will likely be necessary to make adjustments to child custody agreements. This usually applies when the relocation will bring one parent fifty or more miles away from the other. If the parent with primary physical custody of the children wants to move away, they must petition the courts for permission to do this prior to making the move, or they could risk losing custody.

Effective Legal Representation

Whenever you need to go through any type of modification to a legal order, you should have experienced and reliable legal representation at your side. Contact the Tyra Law Firm to discuss your situation, your goals for your case, and how we can help. We are here for you!

About the Author

Neil Tyra

Noel's Husband, Bernadette's Dad, Clark's Father – My Three Best Roles So who am I and what am I about? First I was Noel's husband. I'm married (38 years and counting) to a long time resident of Rockville whose family goes back three generations.


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