Once the courts give an order, such as a divorce or legal separation decree, it is typically final. However, there are circumstances when the courts will agree to modify a judgment after the order has been made in Mountain View. The family law attorneys at The Schoenberg Family Law Group, P.C. can help if you need to petition the courts for a post-judgment modification. We can help you gather evidence to support your request and guide you through the legal process.
What Is a Post-Judgment Modification?
A post-judgment modification is a change or alteration of an order or judgment that has already been given by the courts. After a judge gives an order or signs off on a settlement agreement in a dissolution of marriage case, both parties must adhere to the order, or risk being held in contempt of court. They cannot change the terms of the order on their own without receiving permission from the courts. If one or both parties experience a significant change in circumstance after receiving the judgment, however, a modification request may be warranted.
Obtaining a post-judgment modification in California requires submitting special legal paperwork that asks the courts to review the existing order, along with evidence submitted to prove the need for the modification, to decide if the petitioning party qualifies to have the judgment changed. If the courts agree that the individual’s circumstances have changed enough to merit a modification, they may officially modify the order.
Common Types of Post-Judgment Modifications
Post-judgment modification requests can be made for many different types of family court orders in Mountain View. These requests are most common after divorce and legal separation cases, as these orders last the longest amount of time. The types of judgments that may be modified in California include:
- Child support – a request to decrease or increase the amount that the paying parent is required to pay the other parent to contribute to childcare.
- Child custody or visitation – a request to alter a couple’s parenting time arrangement, such as for more or less time with a child.
- Alimony or spousal support – a request to alter the amount of spousal support that must be paid to the lower-earning spouse, or to terminate the order early.
Debra R. Schoenberg is a Certified Family Law Specialist with over 35 years of practice area experience. She knows how to navigate any type of family law court order during a modification case and can help you file your petition in Mountain View.
When Will the Courts in Mountain View Approve a Post-Judgment Modification?
A post-judgment modification request will only be approved by the courts if there is evidence of a substantial change in the petitioner’s circumstances. Most courts will not hear modification requests until a certain amount of time has passed from the date that the original order was given. Then, the courts must confirm a substantial change in the individual’s circumstances, such as:
- The loss of a job.
- The start of a new job.
- A significant gain or loss in income.
- A change in the child’s needs.
- The addition of a new child in the family.
- Child endangerment.
- Parental relocation.
The courts will require proof that the modification is necessary, such as pay stubs proving a change in income. If a post-judgment modification is an emergency, the courts will expedite the request and can issue temporary emergency orders to protect the child or individual, such as a restraining order.
Contact a Mountain View Post-Judgment Modification Lawyer Today
A special process is involved in submitting a post-judgment modification request in Mountain View, California. The attorneys at The Schoenberg Family Law Group, P.C. can help you with each step of this process from start to finish. Our lead attorney has additional training and received board certification in family law in California. She has what it takes to help you with any family law matter, including complicated modification cases. Contact us today to schedule a consultation with an attorney in Mountain View.