There are almost an unlimited number of circumstances that can change over time that cause a divorced client to seek a modification of the Final Judgment. You lost your well-paying job and had to find another one at a lower salary. Your spouse won the lottery and no longer needs the alimony. Your ex says that your teenage son is too difficult to handle and she wants him to come and live with you for the next 3 years. You’re remarried and your new husband just got a fabulous new job making a small fortune, but it’s in New York, and you want to move there with the children. Any of these and a thousand others could be a reason that you need help.

For all of these kinds of issues, it is your burden as the party seeking relief from the Court to prove that there has been a substantial change of circumstances since the entry of the original Final Judgment that justifies modification. When it comes to a modification based on a change of income, you must show that the change is permanent and involuntary in nature. Quitting your job is voluntary, and will not justify relief. Being fired or laid off is involuntary and probably will get you help.

Relocation is a special kind of modification. As of this writing, the parent seeking to move with the children must file a Notice of Intent to Relocate, sending it to the other parent. The other parent then has 30 days to file a Notice of Objection to Relocation. If there is an objection, the moving parent files a Petition for Relocation with the Court, and the case proceeds like all other family cases to mediation and trial. (Note: The legislative committee of the Family Law Section has proposed a bill for next year’s legislative session that would abolish the step of filing a Notice of Intent to Relocate with the other parent and simply require the relocating parent to file a Petition for Relocation). 

For any and all of the above, there is a procedure for Modifying your Final Judgment. It is much like an original family law case, but it’s much more limited in scope. Usually you are dealing with a single issue. There is still the initial filing of papers, and it must be served on your former spouse. There is a period of discovery where each side provides the documents and information requested by the other side. Mediation will still be required before a trial can be scheduled.
Enforcement

Your divorce decree was and always will be an enforceable Court Order. Family Courts retain the ability to enforce their Judgments for as long as necessary. For the same group of clients who sometimes need a modification, there is always the possibility that your former spouse will not comply with the terms of your divorce. Parents don’t always pay their child support or alimony. Deeds to transfer title refuse to be signed. Time-sharing is denied and shared parental responsibility is absent. Schedules are not adhered to. There are unlimited ways in which a Final Judgment might need to be enforced.

Enforcement is generally a faster proceeding than other family law matters. A Motion is filed with the Court, detailing the problem. It is mailed to your former spouse. The Judge sets a hearing and there is no requirement for mediation. The Court can compel compliance with the Judgment by all sorts of means, depending on the nature of the problem. Child Support enforcement is the Court’s biggest concern. Hearings to enforce the payment of child support are scheduled quickly. The Judge will often set a specific amount that the parent paying child support must pay within a very short amount of time (sometimes right at that moment) or go to jail. Tax refunds can be intercepted and driver’s licenses can be suspended for non-payment of child support. Additional wages can be garnished to pay off past due amounts.