Post-Judgment Modification Orders
Attorney Charina G. Rhone provides a free telephone introductory consultation. At Rhone Law, A.P.C., in Benicia, you will receive compassionate help to minimize traumatic emotional and financial suffering for you and your family.
Charina assists with judgment modification cases after a judgment has been entered by the court. If you need the best lawyer to modify a current court order, Charina provides top-rated legal advice and courtroom litigation expertise in Solano, Contra Costa, and Alameda counties, and cares about fairness for you and your family.
Understand a Post-Judgment Motion
A post-judgment modification is a broad term used to describe any motion, also called a Request for Order, filed in a divorce, legal separation, annulment, paternity case, or domestic violence case after an order or judgment has been entered by the court.
A post-judgment modification happens when a party seeks to change a court order due to a “change in circumstance” warranting a change or modification to the current court order. Some examples of a “change in circumstance” include, changes to either parties’ income, changes to either parties’ geographical residence, or the children are significantly older than when the original order of judgment was made.
Common types of post-judgment modifications include:
● Child custody, child visitation, and/or child support orders
● Payment of childcare expenses or unreimbursed healthcare expenses
● Spousal support orders, also known as alimony
If there is a “change in circumstance,” the parties can agree to change the previous order or judgment, by filing a Stipulation and Order that memorializes the new agreement. If the parties cannot come up with an agreement, then either party can return to court and seek a modification to their previous order or judgment. Either party can file a Request for Order to change the previous order or judgment, based on a “change in circumstance.” When the Request for Order is filed, usually the court will set a court hearing date approximately two to three months away. Then the parties will attend the court hearing, and the judge will make a ruling regarding the requested change. The judge’s ruling then becomes the new order of the court.
