Post-judgment modifications, as the name suggests, are the changes to a judgment of divorce requested by an ex-spouse. It is requested when the final judgment is no longer practical or applicable. Post-judgment modifications primarily focus on child custody and/or placement, child support, and spousal support/maintenance. There are plenty of complexities attached to the post-judgment modifications. In this post, we will look at important things you need to know about post-judgment modifications.
Post-judgment modification for child custody and/or placement
Post-judgment modification for child custody and/or placement is the most commonly requested. It can be requested by the ex-spouse if he or she is not able to live with or see the child anymore. Some of the scenarios include when an ex-spouse has to move from one city to another for a job. If the job change requires a child to move with one parent to a new city or state, that will have an impact on the child’s placement with the other parent as well as the child’s education and social life, the court may award a modification of physical custody and/or placement.
Another scenario that is sadly becoming more common, a change in placement and/or custody can be requested and granted where a parent has become abusive or a drug addict. A court may consider making adjustments in the custody and/or placement rights of a parent. Child custody and/or placement is awarded only when the change in circumstances is significant.
Post-judgment modification for child support
The court may order a modification of child support if there has been a substantial change in the financial circumstances. The purpose of child support is to ensure that the financial needs of a child are met. For example, a higher-earning parent may be ordered to pay child support to the lower-paying parent to take care of a child’s needs, but both parents contribute. If significant changes have occurred in the financial situation of either parent, the court may consider a modification.
When there is a support order in Wisconsin, ex-spouses are usually required to exchange financial information on a yearly basis. When an income change is substantial, an increase or decrease in child support may become necessary. Additionally, if a person fails to exchange financial information, he or she could be held in contempt.
Post-judgment child support modifications can also be requested if there have been significant changes in the needs of the child.
Post-judgment modification for spousal support (a/k/a maintenance)
This is another common area where the court may award a modification if significant changes in the income of either party occur. To request a modification, the party seeking the modification must prove to the court that there have been substantial changes in the financial circumstances of themselves or the other other party, or both. For example, if the party receiving support enters into a new relationship and during that relationship it becomes a “marriage-like” relationship, his or her financial situation may have improved significantly, wherein the paying party may request a change in spousal support. Another scenario is the loss of employment or disability for the payee, if the paying party has lost their job, he or she may request a modification to the current order.
Do You Need a Lawyer for Post Judgment Modifications?
In most cases, it is better to have a lawyer assist you with the preparation and filing of your motion for a post-judgment modification. Unless the changes in the circumstances are significant and supported by the evidence, a post judgment modification has a higher burden of proof than the original divorce matter. So, in order to build a strong case, you need a top-rated divorce lawyer by your side.
You can get in touch with Magner & Hueneke, LLP divorce attorneys. If you are seeking a change to certain terms of your divorce order, we can help. For representation in Milwaukee County, Waukesha County, Racine County, and surrounding areas, call 414-281-4529 to arrange an initial consultation.
