Post Judgement Matters

Modifying existing court orders when there has been a change in circumstances

What are Post Judgement Matters?

Circumstances do change that would allow for a modification of an existing court order regarding support or placement issues. Any modification request of your court order would need to be addressed through the filing of a motion for modification with the court. We are here to discuss your situation and help determine if filing for a modification is appropriate in your matter. There are certain rules regulating the modification of existing orders that you need to be aware of before initiating an action to modify a prior order.
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Modifying Child Support

Modifications for child support can be requested when either parent’s employment and/or income has significantly changed. In cases where the change in income is the driving factor, there must have been a ‘substantial change’ in income to warrant a modification. The passage of 33 months from the last order concerning child support is considered a substantial change and can also provide a basis for the Court to review and modify child support. Other examples warranting a modification include when a child reaches the age of majority or graduates from high school, a change in the placement schedule or relocation of a parent.

Modifying Spousal Maintenance

Spousal support and maintenance are synonymous. You may seek a modification of spousal maintenance when there is a substantial change in income or job status, change in the placement schedule or in the needs of the child. Many times, a person’s income changes significantly over time and that may warrant an increase or decrease in spousal maintenance. Additionally, a party’s health may take a turn for the worse which in turn leads to the inability to earn as much, or even work at all, that too may warrant a decrease in maintenance. Whether you are looking to modify maintenance, or if a modification request was made by your ex-spouse, it is very important to speak to an attorney so you can consider all of your options and even seek a resolution of the issue without litigation or having to go to court. As you can see from the reviews below, our firm has had success representing parties with modifications in the past and we are here to assist you.
I was recommended to Shannon when my ex-husband wanted to alter our divorce agreement. I had unfortunately the bad luck of having an unprofessional lawyer who lacked the appropriate expertise to best guide me through my divorce. I was then recommended to Shannon and she was able to see all the issues that needed addressing and focus in on them. Shannon was patient, helpful, and knowledgeable. She stays focused on the end goal and works with you as a team to get there. -Susan, former client

Modifying Placement

Modifications of placement schedules can be requested when there has been a substantial change in circumstances that justify the modification. Some examples include a change in a parent’s work schedule, relocation, deployment, or cases where there is significant mental health, substance abuse or criminal activity of a parent. If one wishes to bring a motion that will significantly modify placement within two years of the most recent court order, that parent needs to show that the current placement conditions are physically or emotionally harmful to the child. If the motion is brought after the two-year mark, the moving party still needs to demonstrate that there has been a substantial change in circumstances since the last order and that modifying the placement schedule is in the child’s best interest. Not all modifications are significant and sometimes minor modifications to a schedule can be made even if there has not been a substantial change in circumstances. For example, parties can modify the conditions for exchanging the child. To determine if a modification is substantial call our firm for an in- depth consultation.

I hired Attorney Shannon Corallo after my ex hired a lawyer to help with child support and placement adjustments. We hadn't used lawyers during the divorce, so I was nervous and uncertain about the process. Shannon returned my call within one business day, took the time to understand my case, and helped de-mystify the process. Unbeknownst to me, a court date had already been set which Attorney Corallo immediately discovered during that phone call. She worked tirelessly to settle my case outside of the courtroom. Read More

She really listened to my concerns and requests, while mentoring me in divorce law and helping me understand what was legal and realistic. When it came time to meet with my ex and his lawyer, Shannon was clearly more prepared and professional than the other lawyer. Her knowledge and presence in that room definitely swayed the stipulation in my favor. I ended up getting exactly what I wanted while maintaining an amicable co-parenting relationship with my ex (my number one priority). I will definitely hire Shannon for any future needs and HIGHLY recommend her without reservation. - Former Client

Contempt Actions

There is recourse for a party when the other fails to comply with a court order. When a party who has previously been ordered to pay child or spousal support has simply stopped paying, for whatever reason, the receiving party can bring a motion for contempt. If a party fails to follow other conditions, such as exchanging a child at the designated time, or paying their share of variable costs or uninsured medical expenses, filing a motion for contempt may be the only way to get an offending party to comply.
Conversely, if your former spouse has filed a motion for contempt against you, take it very seriously and call our firm today to see if you have a defense and what is the best way to address this matter.

Enforcement Actions

An enforcement action can also be filed to ask to that the other party be ordered to comply with the placement schedule in the court order; this is called a Petition to Enforce Physical Placement. Courts may award make-up time, or a modification of the placement schedule. Courts also have the option to order that the offending party pay the other party’s legal fees. You are not powerless and have legal remedies that will protect your interests- call our firm to learn more.

Contact Us Today

Please contact our firm to discuss which route may be most appropriate for you and to help you get started with your post judgement matters. Or give us a call at 414-375-0618.

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