My Situation Has Changed Since My Divorce. Can I Get a Post-Judgement Modification?

Divorce orders are based on both ex-spouses’ financial, living, and family responsibilities at the time of the divorce. Over time, all of these aspects of people’s lives can change. The courts recognize this and provide divorced couples the opportunity to modify their divorce orders / decrees with a post-judgement modification.

The parts of a divorce that can be modified are alimony payments, timesharing arrangements, and child support. Some of the reasons for a post-judgement modification include:

• A change in the financial situation of either partner. This could be a job loss, a new job that pays more, or a change in expenses (e.g., switching from daycare to public school), a disability affecting one of the partners abilities to maintain a job at their previous income level, or the birth of new children to either partner.
• Relocation of either partner. One or both partners may need to move a significant distance for their job, impacting their timesharing arrangement. When this happens, the partner who is moving will need to prove to the court that modifying the timesharing arrangement will 1) benefit the child and 2) will not alienate the child from the other parent.
• Neglect or abuse. If one partner is not properly caring for the child, the other partner may seek a post-judgement modification to change the timesharing agreement.
• New living arrangement. If a partner who was formerly couch-surfing secures a safe living arrangement, they may be able to obtain a change to their timesharing agreement. Alternatively, if a partner remarries, that can impact a child support order.
• Addiction or incarceration. If a partner becomes addicted to drugs or alcohol or is found guilty of a crime, the other partner can seek a post-judgement modification.

How to Secure a Post-Judgement Modification

The first step is to contact an experienced family law attorney, like Troy Legal. Your attorney will petition the court for the modification. To modify a timesharing or child support order, the attorney will need to prove that the parent experienced a significant, permanent, and unanticipated event that triggered the modification request. They will then need to prove that the modification is in the best interests of the child. To modify an alimony order, they will need to prove that one of the spouses experienced a change in financial situation so great that the order should be modified. This could include a change in employment status or receiving an inheritance.

Similar to the divorce itself, securing a post-judgement modification may be accomplished quickly and easily or may be a long and arduous journey depending on the contentiousness of the situation. Call Troy Legal today to discuss the specifics of your situation. Your first consultation is free. Our caring and compassionate attorneys will advise you of your options and help you continue on your path to post-divorce happiness.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, P.A. is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.