An attorney from The Schoenberg Family Law Group, P.C., can help if you need to petition the courts to modify a judgment after the order has been made in San Jose. Assistance from our attorneys can increase the odds of a successful modification request. We will establish the grounds for your request and find supporting evidence, as well as handle the complicated legal paperwork that comes with modifications on your behalf. To schedule a case consultation with one of our family lawyers in San Jose to learn more, call (650) 761-9464.
What Is a Post-Judgment Modification?
For the most part, a divorce judgment or decree is final. Both parties must adhere to the orders given by the judge or the settlement agreement that the judge signed when dissolving a marriage, or else risk being held in contempt of court. However, the San Jose courts will allow a post-judgment modification, in certain situations. If you can prove that you have experienced a significant change of circumstance since receiving the judgment or order, you may be granted a modification.
A post-judgment modification is a request to modify or change a judgment that has already been issued by a judge, such as a divorce decree. It is an official legal process that asks the courts to review your existing order(s) and determine if you qualify to have them changed. If you believe that the terms of the court’s decision are no longer appropriate for your situation, such as if you lost your job and can no longer afford the child support order that was given to you, you can request a modification from the courts.
Examples of Post-Judgment Modifications in San Jose
A post-judgment modification in San Jose can be used for many different types of court orders. Divorce cases commonly see modification requests, as these orders often last for many years. Examples of post-divorce judgment modifications include:
- Child support modification. A support modification may be necessary if your financial situation has substantially changed since the time you received the order. For example, if you lost your job or got demoted and no longer have the same income
- Child custody modification. If your living arrangements have changed, such as getting relocated for your job or moving in with someone new, you may need to request a child custody modification. A judge may approve this request if it is in the child’s best interests.
- Alimony/spousal support modification. Financial changes in your life could also lead to a request for a spousal maintenance modification if you can no longer afford your payments, or if your spouse’s situation has changed (e.g., remarriage).
If your financial situation, living arrangements, needs or other circumstances change after receiving a divorce order and you wish to make a change, a post-judgment modification in San Jose can resolve the issue.
When Are Post-Judgment Modifications Accepted in San Jose?
The courts will consider the reasons given for the modification to determine whether to accept or reject the request. The courts will generally only accept a modification request if there has been a substantial change in the individual’s circumstances, such as a significant change in income or living situation since the order was given. Some post-judgment modifications are emergencies, in which case the courts will expedite the request and may issue temporary emergency orders overriding the original orders.
Contact a San Jose Divorce Judgment Modification Lawyer Today
If you need to submit a post-judgment modification request in San Jose, The Schoenberg Family Law Group, P.C., can help you with this complex legal process. Debra R. Schoenberg is a Certified Family Law Specialist, meaning she has additional training and board certification in family law in California. We have more than 35 years of experience representing clients in divorce, legal separation, child custody and modification cases. Contact us today for a consultation with our lawyers in San Jose.