Post-Judgment Modifications: When and How to Request Changes

A divorce decree gives legal closure, but real life doesn’t stop once the ink dries.

Circumstances change—sometimes dramatically—and when they do, the terms of your divorce agreement may no longer align with circumstances. This is where post-judgment modifications come into play.

What are post-judgment modifications?

Post-judgment modifications are court-approved changes to the terms of a divorce decree, child custody, or support order.

These changes are official, legally binding changes to the original order. As such, post-judgment modifications aren’t granted casually. Judges aren’t eager to referee post-judgment disputes unless parties can prove the request is warranted.

Types of post-judgment modifications

Post-divorce modifications typically focus on three key areas: child support, custody, and alimony.

Modifying child support

Changes in income, job loss, or evolving financial needs for the child—such as education or medical expenses—are common reasons to request a child support modification.

Whether you’re paying or receiving support, these shifts can affect the fairness or practicality of the current arrangement. Courts will reassess the financial situation of both parties to determine if an adjustment is warranted and that the adjustment reflects the child’s best interests.

Modifying custody arrangements

Similarly to child support, child custody arrangements are designed to serve the best interests of the child. However, as life evolves, so do family dynamics.

A new job, relationship, or shifting priorities from your co-parent can make the existing arrangement feel untenable. If your co-parent isn’t following your parenting time plan or your child’s needs have changed, you might have grounds to request a modification.

Courts are understandably cautious about disrupting a child’s stability. To succeed in requesting a modification, you must show that the proposed changes truly serve your child’s best interests—not just a personal preference.

Modifying alimony

Alimony, whether you rely on or pay for it, is often subject to change as life circumstances evolve. These might include job loss or severe health issues—but they don’t include voluntary actions like early retirement. Alimony modifications might include adjusting the payment amount and duration or terminating it altogether.

Remember that alimony payments in New Jersey are automatically terminated if the receiving spouse remarries, relieving the supporting spouse of further financial obligations regardless of whether the original alimony was designated as permanent.

Common reasons for requesting a modification

For a modification to be granted—no matter the type—a significant change in circumstances must be proved. While this language might seem vague, it allows courts flexibility in understanding how situations might impact a specific family.

To be considered “a significant change in circumstances,” a situation must generally be:

Substantial: The change must be meaningful and have a considerable impact on the parties involved.
Permanent or long-lasting: Temporary changes usually do not qualify.
Unforeseen: The change should not have been anticipated at the time of the original order or agreement.

In post-judgment modifications, the burden of proof rests with the party filing for a modification. Here are some situations where a modification might be necessary:

Job loss or change of income. A sudden change in financial stability—whether due to job loss, reduced income, or a substantial pay increase—can affect child support or alimony obligations.
Relocation. A move to a different city or state, whether for work, family, or personal reasons, often necessitates adjustments to custody or visitation arrangements.
Health issues. A major illness or disability affecting you, your child, or even your co-parent can require changes to financial support, custody, or caregiving agreements.
Non-compliance. If your co-parent or former spouse isn’t following the terms of the original order or agreement, like not adhering to custody schedules or failing to make support payments, you may need to go back to court.

Keep in mind that, in some situations, enforcement may be a better course of action. An experienced post-judgment modification attorney can guide you through your options.

Steps involved in the post-judgment modification process

Requesting a modification is more complex than discussing new terms—it’s a formal legal process. Depending on your circumstances, it may be possible to use mediation to resolve issues and modify your original arrangement.

Here are the steps typically required:

Determine if there’s a substantial change in circumstances warranting modification.
Gather evidence, such as financial records or medical reports, to support your case.
Consider mediation or negotiation before filing a formal motion, as New Jersey courts encourage alternative dispute resolution.
If mediation is unsuccessful, file a formal motion with the family court that issued the original divorce judgment.
Serve the other party with the motion at least 24 days before the court date.
The other party must submit their reply 15 days before the court date, with their last reply due 8 days before the hearing.
Attend the court hearing, where both parties present their cases.
The judge will evaluate the evidence and arguments and make a decision based on the best interests of all parties involved.

It’s important to know that this process can take time.

Courts don’t move quickly, and there are no guarantees of a swift resolution. Patience, preparation, and the guidance of an experienced family law attorney can make the journey more manageable and improve your chances of a favorable outcome.

What you’ll need to present when requesting a modification

Courts take modification requests seriously and have specific criteria to be met before considering any changes to your original agreement. Courts won’t consider revising your divorce agreement unless you provide clear evidence that something substantial has changed since the original terms were set.

Here’s what you’ll need to make your case.

Pay stubs and tax documents

You’ll need to provide clear, up-to-date financial records to prove income changes. Gather recent pay stubs, tax returns, official employment termination notices, salary adjustments, or job offers.

If you’re self-employed, include profit and loss statements, business bank statements, or contracts reflecting changes in your income.

Medical records and school reports

Gather documentation clearly outlining the new circumstances if your child’s needs have changed. This might include medical diagnoses, treatment plans, therapy recommendations, or academic evaluations.

These records should demonstrate how your child’s health, education, or emotional well-being has shifted and why adjustments to custody or financial arrangements are necessary.

Relocation documentation

If relocation is a factor, compile documents that clearly show the reasons for and impact of the move, including lease agreements, property purchase contracts, proof of a new job offer, or school enrollment paperwork for your child.

Travel itineraries and distance maps can also help demonstrate how the move affects custody or visitation arrangements.

Communication records

Collect emails, text messages, or other written correspondence with your ex that show non-compliance with the original terms—like failure to follow custody schedules or missed support payments. These records help the court understand what’s happening and why adjustments to your agreement might be necessary.

Courts rely on this objective evidence to evaluate your request, so the more concrete your proof, the stronger your case. Preparing this documentation in advance shows the court that you’re serious, organized, and acting in good faith.

Consult with a divorce attorney

If you’re considering a modification, don’t do it alone. At Dughi, Hewit & Domalewski, our team understands the intricacies of New Jersey family law. We can help you modify your divorce agreement to address the substantial change of circumstances presented.

Contact Us Today!