Life goes on after divorce. Your children age, relationships change, and jobs end. While Judges strive to enter thorough final orders in domestic relations cases, these judgments commonly require modification. Our lawyers could help you alter custody arrangements, petition to modify or terminate alimony, or potentially recover additional child support after your divorce is completed.
Unless Alimony has been specifically ordered to be “non-modifiable” by a Fairfield County court, Alimony and child support are subject to post judgment modification upon a substantial change in circumstances. Similarly, parenting and custody orders are always subject to modification in the best interests of the children.
Parties to already concluded family litigation such as divorce, custody, and child support cases, might file certain post-judgment motions after the case closes. Ex-spouses may attend mediation with a qualified lawyer and file a joint motion to change an existing divorce settlement. A party might also petition to alter visitation and custody based on substantially changed circumstances.
The state generally permits various types of motions to modify settled family judgments such as:
In some cases, one party may request judicial intervention claiming the other violated an existing order such as alimony payments in arrears. The defending party may respond with a request to modify the existing order. Our attorneys could help someone file or defend actions post-judgment actions in the state.
Generally the party filing a post-judgment petition to change or alter an existing order, must submit evidence of substantially changed circumstances concerning the controlling judgment. Family judges, when hearing such a modification motion typically must determine if a qualifying change occurred before considering whether to modify the settled order based on applicable law. Alternatively, a party filing to remedy a violation by the other party of an existing order would file a motion alleging specifically how the existing agreement / order was violated.
Whether a situation provides qualified grounds to modify a settled judgment depends on the nature of the request itself. For example, an ex-spouse might request a court terminate or modify alimony obligations based on the other spouse’s cohabitation or increased income or a payor of child support could request a reduction in child support after losing their job. Similarly, if an existing custody or parenting order is no longer appropriate and in the best interests of the children, then the court, upon motion of either parent, can address what changes might need to be made.
Some controlling orders account for foreseeable events, such as children turning 18 or parental retirement, but families can seldom predict sudden life changes. Parties commonly petition to modify post-judgment family orders in cases such as:
Parties to the original order, attorneys for minor children (AMC), interested third parties, or state social services workers might move to amend or terminate an existing order. Our dedicated legal team could discuss the laws applicable to each post-judgment action, such as the Uniform Child Custody Jurisdiction and Enforcement Act, Conn. Gen. Stat. §§ 46b-115 et seq. and state child support guidelines with Fairfield County families.
Some parties may hesitate to file post-judgment actions in Fairfield County to avoid reopening emotional wounds. However, moving to alter a judgment to support a changing lifestyle might be inevitable. Working with legal counsel to file or defend against post-judgment motions might stop parties from violating Fairfield County court orders or accumulating child-support arrears.
Our qualified legal advocates at SCGBB&W Law could help you navigate unexpected show cause orders, negotiate necessary changes to divorce settlements, and otherwise minimize the impact of reopening family-based lawsuits. Contact our dedicated domestic relations team today if you need help modifying a family-based judgment.