A post-judgment modification is a petition to the court asking it to change an existing order. In family law, this can involve changing child custody, child support, or spousal support orders. The person seeking the modification bears the burden of proof to demonstrate that a substantial change in circumstances has occurred and that modifying the order is necessary to achieve a fair outcome. If you believe you require a post-judgment modification, please continue reading and promptly speak with our experienced Connecticut family law attorneys.
Post- Judgement Modification of Child Custody in Connecticut
Child custody and visitation orders in Connecticut are always modifiable. However, the parent seeking the post-judgment modification must show that there has been a substantial change in circumstances since original child custody order and that modifying the order is necessary to serve the child’s best interests. When evaluating whether to modify child custody or visitation, the court applies the best interests of the child standard, balancing both parents’ rights while promoting the child’s stability and the importance of having both parents involved in their life. Under this framework, the family court judge can either keep the original order or modify custody in a way that is tailored according to the change in circumstances and the child’s welfare.
Visitation or parenting time modifications follow a slightly different path in that a parent may petition the court for a change without proving a substantial change in circumstances. Instead, the focus is simply on whether the proposed modification is necessary to serving the best interest of the child. The court has an interest in keeping regular, meaningful contact with both parents for as long as this is healthy for the child mentally and physically. This flexibility allows the court to adjust visitation schedules more readily in response to shifts in family dynamics or the child’s needs.
Post- Judgement Modification of Child Support in Connecticut
Under Connecticut General Statutes § 46b-86, a child support order can be modified after a judgment only if there has been a substantial change in either parent’s circumstances, or if the existing support award amount substantially deviates from the state’s child support guidelines. The Connecticut child support guidelines provide the formula for the court to calculate child support, using the Income Shares Model. Generally, the amount must differ from the guidelines by at least 15% to be considered as a “substantial” deviation. The ability to modify an existing child support helps make sure the best interest of the child is taken into account while making support obligations fair and appropriate as situations change.
Post- Judgement Modification of Spousal Support in Connecticut
Under Connecticut law, spousal support, or alimony orders, including permanent alimony, pendente lite support, and life-insurance requirements, can be modified at any time after the original order only if one party demonstrates a substantial change in circumstances. Connecticut family law grants the court authority to continue, set aside, or modify these support orders when financial or life situations have materially shifted since the initial award. Unlike property division, which is final, spousal support can be adjusted to ensure that support stays fair and aligned with each party’s changing obligations.
What are Examples of Substantial Changes that Can Trigger a Post-Judgment Modification?
A substantial change of circumstances must be significant in order to necessitate changing an original judgment. The party seeking the modification bears the burden of proof to demonstrate to the court that a substantial change has occurred. Examples of significant changes include, but are not limited to:
- Significant increase in income
- Significant loss of income
- Moving to another state
- Starting a new job or school
- Having additional children
- Getting remarried
- Drug or alcohol abuse
- Child abuse or neglect
- Criminal convictions
- Parental alienation
If you believe that your Connecticut family law case has a substantial change that warrants a post-judgment modification, then it is crucial to consult with an experienced family law attorney.
Contact Merino Family Law for Help With Post-Judgment Modifications
If you are seeking a post-judgment modification, you’ll need a seasoned Connecticut family law attorney who can demonstrate a significant and ongoing change in circumstances before the court. At Merino Family Law, our team will gather the evidence you need to build a compelling case on your behalf. We approach every client with empathy and dedication because we know how vital family stability is. Let us help you secure the modification you deserve. Contact us today!