Understanding a Post-Judgment Order

One of the more misunderstood subjects of California divorce action, includingspousal support provisions, is the court's ability to change or modify original decisions through a post-judgment order. The law recognizes that circumstances can change after court original orders are issued.

The court has the power and authority to issue a post-judgment order that differs from and impacts original judgment orders based on a "material" change of circumstances of one or both parties in a California divorce. The most common subject of a post-judgment order is a change in or termination of spousal support provisions.

There are two primary methods of generating a post-judgment order that differs from the contents of the original court orders during the divorce action.

  • Both parties agree to modify an existing order via a new set of provisions. As long as the parties agree to reasonable changes in original orders, they can modify original family law orders.
  • A divorce attorney can submit a motion to the court requesting a post-judgment order modifying the original decision. The party behind the motion must provide evidence that original circumstances are different.

This issue can become complex and/or contentious, such as a motion to terminate spousal support. If you find yourself in this position after a California divorce, contact Richard Ross Associates, for advice and action you can trust. As a Certified Family Law Specialist, Richard Ross Associates will give you solid, experienced representation when requesting a post-judgment order changing an original court order.

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