What is a post-judgment modification?
A post-judgment modification is a process in which a person files a motion or application to modify a court order, such as child support, custody, or parenting time. This is typically due to a considerable change in circumstances, and the modification will only be granted if the person’s change in circumstances is substantial enough. A few examples that would be grounds for modification are significant changes in either party’s income, behavioral or criminal problems, substance addiction, change in daycare expenses, college expenses, or unanticipated medical expenses of consequence.
The successful motion or application is frequently accompanied by an affidavit or certification, including relevant exhibits, and sometimes a legal brief if the legal issue is unique or a matter of first impression before the court. The matter is then scheduled for oral argument before a Superior Court judge, at which time a decision is rendered.