It is not uncommon for people to get divorced and be unhappy with the outcome. Whether the custody arrangement is not working for you and the kids or you feel like the finances were divided unfairly, there is a possibility of going back to court and requesting post-judgement modifications. These cases are not easy, but with the help of an experienced lawyer, it is possible to get approval for the changes you are requesting.
What Is a Post-Judgement Modification?
This is a legal modification of your final divorce order. Keep in mind that the judge’s ruling is final, and you have to live by it unless you go through the modification process. For example, you cannot change your custody plan just because you want to. While you and your ex may verbally agree to a change, if you do not make it official with a modification, they can go back to the original judgement at any time.
Is My Money Safe From a Post-Judgement Modification?
Not necessarily. Most people are shocked to find out that an ex can come back and go after more money at a later date. While this can be avoided with carefully crafted divorce agreements, if you originally handled your divorce without the help of an attorney, you could be in trouble. If you want to have your divorce documents reviewed, call 909-466-7661. Keep in mind that just because someone seeks a post-judgement modification, that does not mean it will be approved.
A Lawyer in Rancho Cucamonga Can File a Post-Judgement Modification Request
The most common reason to file a modification request is because of the children. When couples get divorced, children are expected to maintain the exact same schedule and have the same needs until they turn 18 or graduate from college. In reality, people’s needs change, so this expectation can be entirely unreasonable. If your children need to change schools, get into sports, need more money for activities, etc., you may need to go back to court so the changes can be approved and you can get the child support you need.
Why a Post-Judgement Modification Would Be Approved
It is up to your attorney to create a strong case for why the current situation is no longer working and must be adjusted. In the case of changing custody or child support orders, the arguments will be based on what is in the best interest of the children. That is an important distinction to make, because changing custody for your social schedule will not count. Changing it to give them more rest on school nights will. Another reason that a modification might be approved is if you learned of an undisclosed asset after the divorce was final.
Spousal Support Can Be Modified
While not entirely common, it is possible for spousal support to be changed after a divorce is final. This is typically because the income levels of one or both spouses change. Another reason for the change would be remarriage or the birth of additional children. Each case is different, so the best way to find out if you could successfully petition for a change in spousal support is to call and schedule a consultation.
How to Fight a Post-Judgement Modification With a Lawyer in Rancho Cucamonga
If you are opposed to a modification, you should hire an attorney to represent you in court. The case must be made for why modifying the final judgement would be detrimental to the children or you. Keep in mind that the one thing that cannot be adjusted is the division of property.
Schedule a Consultation With a Rancho Cucamonga Post-Judgement Modification Divorce Lawyer
If you are divorced and unhappy with the final outcome, you do not have to live with it forever. There are times where adjustments can be made to a final order. In order to request one, you will need to file for a post-judgement modification with help from a lawyer in Rancho Cucamonga.