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Post-Judgment Modifications

Post-Judgment Modifications Lawyers in Westport

A Seasoned Team Serving Clients in Fairfield County, CT

Family law court judgments are designed to provide stability and long-term resolutions for alimony, child support, and child-related matters. However, life circumstances can change unpredictably, necessitating modifications to existing court orders. 

If you are dealing with such a situation, it is critical to understand your rights, the legal process, and the value of experienced legal representation. 

At Ferro, Battey & Eucalitto, LLC, our seasoned lawyers can provide guidance, clarity, and advocacy in pursuing or contesting post-judgment modifications in the courts. We have a proven track record of positive results in resolving countless cases for over two decades. 

Request a consultation with a Westport post-judgment modification lawyer by contacting us online or at (475) 264-4362. Our service areas include Darien, New Canaan, Norwalk, and Wilton.

What Connecticut Family Court Orders Can Be Modified?

Under Connecticut family law, certain judgments are eligible for post-judgment modification. 

These commonly include:

  • Child custody orders. Changes may be necessary due to significant changes affecting the child’s living situation, welfare, or parenting arrangements. 
  • Child support orders. Changes in parental income, employment status, or the child's financial needs may warrant an update to child support provisions. 
  • Alimony orders.   Adjustments to alimony may be appropriate if a substantial change in financial circumstances for either party has occurred, such as loss of income, retirement, or an increase in expenses. 

Some judgments are more difficult to modify than others, especially if specific provisions, such as waivers of modification, are included in the original order.

What Justifies the Modification of a Family Court Order?

To successfully request a post-judgment modification, the requesting party must demonstrate a substantial change in circumstances since the original court order was issued. 

Examples of such changes include:

  • Change in income or financial circumstances. This can include the loss of a job, reduced earnings, or a substantial increase in either party’s financial resources. 
  • Change in parental or child needs. This can include a child developing health or educational needs requiring special care, or a parent’s relocation due to employment or other unavoidable circumstances. 
  • Health or disability changes. Either party experiencing a severe health issue or disability that impacts his or her ability to comply with existing orders.  
  • Cohabitation. For alimony modifications, circumstances in which the supported party is cohabitating with another person may be a basis for modification
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Have Questions?

  • What is joint custody?

    There are two types of joint custody: joint legal custody and joint physical custody. Legal custody concerns the parents’ ability to make major decisions for their children. Major decisions include health, education, and religious decisions. If parents have joint legal custody, the parents are required to agree on all major decisions for their children.

    Physical custody addresses when the children are with each parent.  If the parents have joint physical custody, each parent spends time with the children. In some cases, parents may have shared physical custody, which means the children spend approximately half the time with each parent.

  • How are child support obligations determined?
    In Connecticut, when determining child support, the court is required to consider the Connecticut Child Support and Arrearage Guidelines. The Guidelines set forth a presumptive child support award for each case based upon the parties’ combined net weekly incomes and the number of children the parties have. In addition, the court may consider a number of other factors, including, but not limited to, the estate and needs of the child, vocational skills and employability of each parent, and each parent’s earning capacity. The court may also deviate from the presumptive child support for different reasons, which can include shared physical custody, coordination of total family support, or extraordinary disparity in parental income.  To learn more about the calculation of child support in Connecticut, including high-income cases, click here.
  • Who is entitled to custody of the children in a divorce case?
    The court may assign custody of a child to either parent, jointly to both parents, or in very rare situations, to a third party, depending on the facts of the case and the best interests of the child.
  • Does Connecticut have no-fault divorce?
    Connecticut has no-fault divorce, meaning that neither party needs to establish that the other is at fault to get divorced. Instead, to get divorced, one party must show that the marriage has irretrievably broken down with no hope of reconciliation. However, no-fault divorce does not mean that the fault of one or both parties is irrelevant. The court may still consider fault when making awards of alimony or dividing property.

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