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Many parts of your divorce judgment or parenting plan can be modified afterward, with one important caveat.  A court may only modify a final judgment based on a “significant and material change in circumstances” that was unanticipated at the time of the most recent judgment.  The parties themselves can always agree to a modification between themselves, but if not, only the court can approve a modification of a judgment, if the moving party proves their case.

How To Obtain a Modification:

• Make an agreement with your spouse, put it in writing, and sign it
• If No Agreement, Only the Court Can Order Modification
• Must be a significant and material change(s) in circumstances
• The change(s) must have been unanticipated at the time of the final judgment
• The Requested Change Must Be In the Best Interest of the Child
• Prove Your Case at Trial to get a Supplemental Final Judgment

Adapt to Changing Legal Circumstances

Alimony and child support judgments are typically subject to modification.  Child support may typically be modified if the parties’ income has changed such that the child support number would change by $50 or 15%, whichever is greater. Property distribution agreements typically may not be modified, although they are subject to the court’s contempt powers if one party does not follow the order.  For example, if one party refuses to sign a quit claim deed or refuses to turn over specific property as ordered, they can be held in contempt.

In order for the court to approve a modification of a judgment, there must be a significant and material change in circumstances, unanticipated at the time of the most recent judgment. For example, if you are injured or go back to school to start a new career, or your ex-spouse starts a great new career, these could lead to modification of child support. 

If your ex-spouse refuses to follow the timesharing agreement but is reaping the benefits through a lower child support payment based on more timesharing, then you may be able to modify the child custody or timesharing schedule.

The process begins with us filing a Supplemental Petition to Modify the Final Judgment, in which we would state facts supporting your requested modification.  Your spouse then files an answer and the case proceeds much like a typical family law case.  The parties engage in financial discovery and schedule a mediation.  If unsuccessful, the parties must try the case before a judge who will enter a supplemental final judgment.

Consult With an Experienced Modification Lawyer

At The Spence Law Firm, we regularly handle modification of judgment matters.  We have the skill, knowledge, and experience our clients need and want to win a successful outcome. Call today to schedule a free consultation.