Lexington, South Carolina: Postjudgment Modifications

Many agreements or orders resulting from a divorce can be changed by way of a postjudgment modification. Any postjudgment modification must be filed with the court in order to be binding, and it is often wise to get advice and assistance from a knowledgeable family law attorney before you file the paperwork.

Child support and child custody arrangements are the most common subjects of a postjudgment modification. Agreements about division of marital property generally cannot be modified.

The Law Office of Richard J. Breibart, LLC, located in Lexington, South Carolina, offers knowledgeable and practical advice and legal representation to clients who need help with a postjudgment modification. We also offer free, in-person consultations. After discussing your circumstances with one of our lawyers, you can get answers to general questions and start to develop a plan of action to complete — or fight — a postjudgment modification.

Postdecree Modifications of Child Support

Postdecree modifications of child support may be possible if there has been a "substantial change in the financial circumstances" of one or both parents since the time of the last child support order. In other words, if one parent's income has increased or decreased more than a minimal amount — it may be possible to increase or decrease the child support payments accordingly.

Legal advice may be necessary to determine whether change in financial circumstances meets the court's definition of "substantial."

Postdecree Modifications of Child Custody

Common reasons that parents want to change child custody or visitation arrangements are: one parent moves out of state, one or both parents remarry, or the child expresses a clear desire to live with one parent instead of the other.

If you find yourself in any of these situations — or if changed circumstances put your child into contact with a person who may be dangerous to your child's physical or mental well-being, contact an experienced family law attorney immediately to get legal advice.