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Post-Judgement Modifications

Post-Judgment Modifications can be made when a party files a Request for Order with the court and request a hearing date. It is incumbent on the party filing the motion to “show cause” why an order should be modified.

Whenever a Judgment is entered with the court, the majority of the issues are forever resolved. However, there are some key exceptions to this rule, which include child custody/parenting time and child support. Child support may never be waived or made non-modifiable. Spousal support, depending on the wording of the order, may also be modifiable.

To modify a Judgment or Order, a party may file a Request for Order with the court and request a hearing date. It is incumbent on the party filing the motion to “show cause” why the order should be modified (for example: a modification of support may be due to a job loss).

There are steps you may want to take before filing the motion. For example: either parent may request an Income and Expense Declaration on an annual basis. This will help determine whether or not a modification of support is appropriate. It is always best to talk to your attorney before moving forward.