Unfortunately, there are times when a divorce does not end upon the entry of a final judgment of dissolution of marriage. No matter how hard the parties and lawyers work to resolve a case that is in the best interests of the parties, life after divorce may interfere with that settlement.
Child Support and timesharing are always modifiable. In order to modify, however, a party must bear the heavy burden of proving there has been a substantial, unanticipated, involuntary and material change in circumstances. Alimony may be modifiable, unless the parties agree in their settlement that alimony cannot be changed. A party bears a similar burden to modify alimony as they would to modify child support or timesharing. Modification of child support or alimony may occur due to involuntary loss of income, an increase in income, receipt of a substantial inheritance, or retirement. A modification in timesharing may occur due to a sudden move, change in work schedule, or the behavior of a party or minor child.
A post-judgment modification can often be as contentious as the original divorce. It is important to consult with an attorney to understand your rights and navigate this difficult area of the law
