Post-Judgment Modifications in North Carolina
Divorce is meant to be final, but life circumstances change. When they do, North Carolina law allows certain terms of your divorce judgment to be modified.
What Is a Post-Judgment Modification?
A post-judgment modification seeks to change the existing terms of a divorce judgment that the court has already ordered. Life doesn’t stand still after a divorce, and circumstances that made sense at the time of judgment may no longer fit years, or even months, later.
Areas Covered Under Post-Judgment Modifications
Post-judgment modifications can extend to practically any area agreed to under the terms of the divorce, including child support, child custody, and spousal support.
Filing for a Post-Judgment Modification
Either spouse may file for a post-judgment modification in any of the areas above. The court requires a showing of a substantial and material change in circumstances that warrants the modification, and the burden is on the party bringing the motion to prove it.
What Counts as a Substantial Change in Circumstances
Financial Changes
Loss of employment, illness or disability, increased cost-of-living expenses, or a drastic change in financial fortunes, positive or negative, can support a modification.
Custody Changes
A custodial parent’s relocation or a significant change in their lifestyle can be considered a substantial change. The court will modify custody, or decline to, based on the best interest of the child.
Cohabitation & Alimony
If the spouse receiving alimony begins cohabiting with another person, this may be treated as a substantial change in circumstances that can reduce or terminate support payments.
Upward or Downward
A modification can go either direction, increasing or decreasing support or adjusting custody, depending on how circumstances have changed.
We Can Help With Your Modification
While divorce is meant to be final, life doesn’t always cooperate. Legal issues often arise again after a divorce is finalized, requiring a post-judgment modification. We can help you file a modification motion and make sure the facts and evidence supporting your case are properly presented to the court.
Common Questions
Can I modify alimony after my divorce is final?
Alimony can generally only be modified if it was raised and addressed at the time of the divorce judgment, and if there has been a substantial change in circumstances since then, such as the recipient cohabiting with a new partner.
How do I prove a substantial change in circumstances?
You’ll generally need to provide evidence such as pay stubs, medical records, or documentation of a move, depending on what change you’re claiming. The burden is on you as the party requesting the modification.
Can child support or custody be modified more than once?
Yes. Either parent can request further modifications whenever there is a new substantial and material change in circumstances that would justify it.
What if my ex and I agree on the change?
Even when both parties agree, it’s best to have the modification formally approved by the court so the new terms are legally enforceable going forward.
Explore More on Divorce in North Carolina
Need to Modify a Court Order?
Our family law attorneys can help you file for or respond to a post-judgment modification.