Coming back to Court after Entry of the Judgment

Sometimes, things change after the Judgment is entered. If the child goes to live with the other parent or enters the military, then the parties may need to modify child support. If one of the parents become totally disabled and loses 70% of his or her income, child and spousal support may both need to be modified. If the IRS says that one of your tax deductions from a tax return during the marriage is disallowed, there may be a new debt that needs to be divided.

Consult an experienced family law attorney to see if you need to go back to Court to modify the Judgment. If you and your former spouse/partner agree, the modification can be written, signed, and made an Order of the Court quickly and inexpensively. If not, you may have to file a request for the assistance of the Court.

If you do need to ask the Court for help, the procedure is similar to the initial dissolution filing. You cannot just slip a copy in the mail to your former spouse/partner’s previous lawyer. The Court will not hear your case. Instead, your former spouse or partner has to be personally served with your Court filing by around a month before your court hearing. This deadline varies depending on whether your spouse is in the state or out of state. If you do not know what personal service is, please consult an attorney–or you risk wasting several months before the judge can hear your request.

Our firm would be happy to answer further questions and guide you through the process of modifying your child support or child custody orders. To find out how we can help you, contact us or request an appointment today.