Post divorce modifications are quite common, as they may prove to be necessary for any of a number of reasons. However, the post-judgment litigation process can be quite complex and requires a clear demonstration that there has been a change in circumstances that would warrant a modification to your divorce decree.
You may decide to seek a modification to your divorce decree to address:
- Child support
Most frequently, it is the child support award that requires modification due to the fluid nature of the needs of a child as he or she grows older. However, you may also choose to seek a modification to your divorce decree if you are looking to increase or decrease your custodial or visitation rights. In instances of spousal support modification, it is usually the loss of employment or retirement of the payor, or cohabitation of the payee that is cited as the change in circumstance.
In general, the following cannot be modified unless your divorce decree expressly allows for it:
- Property division
- Debt allocation
It’s not always necessary to file a motion in order to modify your agreement. If you and your former spouse can come to an agreement on your own, you can formalize the agreement in what is known as a consent order. These orders are signed by the parties and then submitted to the court for a judge’s signature. The judge will sign and file the consent order with the court, and at that point it has the same legal effect as any orders issued by the judge in your divorce decree.
If you are experiencing post-judgment issues and require help finalizing your after-divorce modifications, contact the attorneys of DeTorres & DeGeorge to schedule a consultation.
For more information, please call us at 908-304-9679.