Post-Judgment Modifications in North Carolina
What is post-judgment modification and when does it come into play?
A post judgment modification seeks to modify the existing terms of the judgment of divorce that has been ordered by the court.
Which Areas are Covered Under Post-Judgment Modifications?
Post-judgment modifications can extend to practically any area that has been agreed to under the terms of the divorce. This may include child support, child custody, or spousal support. Certain issues such as awarding alimony or dividing marital property are lost if they are not raised prior to the granting of the divorce judgment.
Who Can File for Post-Judgment Modifications?
Either spouse may file for post-judgment at any point under any of the above areas. The court requires that there has been a substantial and material change in the circumstances, which warrants such a modification. The burden is on the party bringing in the modification motion to show the proof.
Substantial and Material Change in Circumstances
Loss of employment, ill health and disability, increased cost of living expenses, drastic change in financial fortunes (positive or negative) are considered significant changes in circumstances to warrant post judgment modifications.
In the case of post judgment child custody modifications, a custodial parent’s relocation or the changed lifestyle of the custodial parent can be considered a ‘substantial change in circumstances. The court may then decide to modify (or not modify) custody based on the best interest of the child.
In an action for post judgment spousal support/ alimony modification, if the partner receiving support is co-habiting with another individual, it may be considered a substantial change in circumstances. This might warrant that alimony payments are stopped or reduced.
A partner may seek upward or downward post-judgment modification depending on the circumstances.
The fact is though that while divorce is meant to be final, unfortunately, it is not. There are several legal issues that crop up time and again, which need to be addressed through post judgment modifications.
We can help you with any kind of post-judgment modification motion, making sure that all facts and evidence on your side are rightly represented.