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Nebraska Legal Group Attorneys

Nebraska Post Judgment Modifications Attorney

Court judgments regarding finances and children are based on the information disclosed during the legal proceedings at that time. Over a period of months or years, the financial situation of either spouse or co-parents of a child can change significantly. When this occurs, the court has the right to enter a post-judgment modification of the previous ruling in order to accommodate the changing circumstances of the parties.

Proving the Necessity of a Post Judgment Modification

When you want to modify the terms of a court judgment, tangible evidence must be submitted to the court to prove that the change is necessary and equitable. We let our clients know the documents we need from them and will request the appropriate documents from the other party’s legal representative in order to build our case. Testimony by either party may also be required in order to justify the request for modification.

Types of Court Decisions Subject to Post Judgment Modification

The court reserves the right to change the terms of an agreement or order regarding:

Valid Grounds for Requesting a Post Judgment Modification

We know that finances and social situations of either party are subject to change. If the current legal agreement is no longer adequate or applicable to your current circumstances, we can request for the court to review the case and issue a modification. Reasons for requesting a modification include:

  • Money for daycare expenses may no longer be necessary as the child gets older
  • Child’s educational and recreational expenses may increase
  • Increase in child’s healthcare expenses due to illness or medical condition
  • Spousal support not needed if recipient of alimony remarries
  • Parent may need to decrease amount of child support due to demotion or job loss

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Nebraska Legal Group Omaha Attorney

Call an Omaha Post Judgment Modification Attorney Today

If you believe you are in need of a post-judgment modification, contact our law firm at 402.509.7033. We can arrange an initial consultation for you with an experienced family attorney in our Omaha office. We service the legal needs of individuals and families throughout Nebraska and Iowa. Speak with us so that we can inform you of your legal options and assess the best course of action. It is advisable to inquire about these important issues at the earliest possible time so that you may proceed accordingly.

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Need Help with Post Judgment Modifications?

Call Nebraska Legal Group at 402.509.7033 or get started with a free case evaluation.

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Frequently Asked Questions

How does parenting time factor into custody modification?

Child custody, parenting time, and decision-making for the children are all important considerations for the original divorce decree. Again, if there are substantial and continuing changes to circumstances, these can all be modified to reflect the changes.

For instance, if you were granted joint decision-making capabilities for your children, but your ex-spouse refuses to fulfill their side of the agreement, you may seek sole decision-making responsibility from the court system. The court’s duty to protect the best interests of the children dictates that it must consider any new factors and circumstances that would affect the wellbeing and upbringing of the children. While the court will always consider the best interests of the children, sometimes a modification requires an endangerment standard. It is important to seek legal advice to know the difference between the standard you must prove.

In order to make a modification, you must file a motion that is specific to what you want to modify. Sometimes there is a two-year time limit that applies to file subsequent motions after the first motion for modifying parenting time, custody or decision-making responsibility has been filed. Motions to modify are therefore generally more complex than with maintenance or child support.

Speak to an experienced divorce attorney to understand what it is possible to modify, the restrictions that apply, and what the chances are of being successful.

How does property division modification work?

  • Generally, modification of division of property are not allowed, absent proof of some sort of intentional fraud. A change in the income of you or your ex-spouse (e.g., a promotion, raise or redundancy) – this is not a reason for modification of property distribution, only a reason for modification of spousal support.
  • A change in living conditions for you or your ex-spouse – – this is not a reason for modification of property distribution, only a reason for modification of spousal support.
  • A change in the financial needs of a child (e.g. the need for medical care) – this is not a reason for modification of property distribution, only a reason for modification of child support or child related expenses.
  • A deterioration in the physical or mental health of an ex-spouse – this is not a reason for modification of property distribution.
  • An inability for your ex-spouse to honor the terms of the original decree– this is not a reason for modification of property distribution.
  • The remarriage of your ex-spouse– this is not a reason for modification of property distribution, only a reason for modification of spousal support.
  • Drug or alcohol abuse or a criminal conviction of an ex-spouse– this is not a reason for modification of property distribution.

Choosing the Top Divorce decree modification lawyers in Nebraska

As well as helping spouses with the divorce process, the divorce lawyers at Nebraska Legal Group assist with making important decree modifications that better reflect the current life situations of divorced couples and their children. If your circumstances have changed since your divorce, we can help you successfully modify spousal support, parenting time, child support or other elements of your agreement.

Need help with a divorce decree modification in Nebraska? Call Nebraska Legal Group at (402) 509-7033 or get started with a free case evaluation.

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Email:
info@nebraskalegalgroup.com

Omaha Office

Phone:
402.509.7033
Address:
Two Old Mill, 10855 West Dodge Rd
Suite 240
Omaha, NE 68154

Lincoln Office

Phone:
531.248.5050
Address:
6940 O Street
Suite 314
Lincoln, NE 68510

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