Divorce negotiations and court proceedings often leave participants emotionally and financially drained. Even when the terms of a settlement agreement or final judgment are not ideal, parties may feel relieved to end such a painful process and look forward to moving on with their separate lives. Many of these same people discover that settlements and final judgments often need to be modified to better serve the family and the ever-changing needs of affected children.

Significant changes in circumstances

The issues most commonly requiring modification of divorce settlement agreements and final judgments relate to substantial changes in the financial or other circumstances of parents or children that make prior agreements or judgments impossible to comply with or simply unfair. Substantial changes frequently include a party’s:

• severe illness;
• change in employment or job loss;
• relocation;
• cohabitation by an alimony recipient
• supported spouse’s remarriage; or
• child’s relocation
• child’s moving in with the other parent
• child’s emancipation

Post-judgment motions

The means through which settlement agreements and final judgments are modified is called a post-judgment motion, which consists of an application to the Family Court to alter an agreement’s or judgment’s terms. Scenarios in which this might be appropriate include a spouse who loses their job and is therefore unable to continue to comply with alimony or child support payments. Custody agreements also may lead to post-judgment motions to change custody plans or increase, decrease, or eliminate a former spouse’s parenting time.

Equitable distribution of the marital estate

While support payments and custody issues are generally capable of modification (provided there has been a substantial change in circumstances), equitable distribution of the marital estate and the terms of property division are almost never subject to modification due to changed circumstances. Barring proof of deceit, fraud, or fundamental inequity/unfairness, such property division will not be modified. That said, an individual who has proof that a former spouse hid or undervalued assets may be able to reopen the case, but they need to act quickly.

Conclusion

If you or someone you love should have a question or concern about post-judgment modification of a settlement agreement or a final judgment, regarding child support, spousal support, and/or custody/parenting time, it is important to consult with a law firm that is highly experienced in these matters.  Our lawyers will consider the facts, research the law, and provide you with an opinion as to the best way to move forward, both on the merits and in terms of process: negotiate, mediate, engage in collaborative law, arbitrate, or file a post-judgment motion in the Family Court.

We will stay with you every step of the way until your matter is resolved.  We will provide you with compassionate counsel and tough advocacy, which are the touchstones of our law practice.

For further information, please write or call us today.  You will be glad you did.