Post-Judgment Modification
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Law Offices of Benita Ventresca408-395-8822
20 S. Santa Cruz Ave., Suite 212, Los Gatos, CA 95030
Offering Limited Scope Service
Mediation and Litigation

San Jose, CA Post-Judgment Modification Attorney

Post-Divorce Modification Lawyer Serving Los Gatos, Monte Sereno, and the Bay Area

los gatos ca post judgment modification attorney

After you receive your divorce decree, you may be relieved that the process is finally over. However, in many instances, the case will continue for many more years as both sides have opportunities to ask for post-judgment modifications. At the Law Offices of Benita Ventresca, we are here to support you and look after your best interests. Attorney Ventresca earned a B.S. in Psychology from the University of California-Berkeley, giving her a unique understanding and enabling her to provide valuable emotional insight to clients going through divorce or pursuing post-divorce actions.

What Can be Modified?

A post-judgment modification is not a chance to undo all of the things you did not like about the divorce. Instead, these modifications are designed for situations where there has been a significant change in circumstances. A modification allows for certain provisions of a judgment to be revised to fit the new situation. Aspects that are typically dealt with in post-judgment modifications include:

The way the marital assets were divided is not something that is typically allowed in a post-judgment modification.

Significant Change in Circumstances

With the exception of child support, you must show the court that there has been a substantial change in circumstances before you can ask for a post-judgment modification.

When the issue involves alimony, the significant change often involves financial circumstances. The spouse paying alimony may want a modification if he or she has a decrease in income or if the other spouse has an increase in income. If the one spouse gets remarried, they may also want a modification. Additionally, the spouse receiving alimony may want a modification if they experience a decrease in income or the other spouse has an increase in income.

For custody and parenting time issues, a significant change in circumstances could mean any number of things. The change could simply be the child is getting older. If one party remarries or moves in with a romantic partner, that can trigger a request for a post-judgment modification. Other changes that would justify seeking a modification include health problems, criminal conduct, failure to thrive, school issues, or anything that affects the well-being of the child.

Planning for Modification

It is important that you properly plan prior to seeking a modification. Courts start with the presumption that the existing order or judgment is adequate. Before filing for a modification, you will want to gather sufficient evidence about the change in circumstances and why the judge should grant your modification request.

Meeting with an experienced and knowledgeable post-judgment modification lawyer will help you formulate the best strategy and give you the best chance of success. If you have questions about post-judgment modifications, contact us at 408-395-8822 today to schedule an initial consultation. The Law Offices of Benita Ventresca will fight for your rights and make sure you understand all of your options. Our offices are located in Los Gatos, and we serve clients in Santa Clara County, Palo Alto, Monte Sereno, San Jose, Cupertino, Atherton, and throughout the area.

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Law Offices of Benita Ventresca

20 S. Santa Cruz Ave., Suite 212
Los Gatos, CA 95030

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Call us for a free initial consultation

408-395-8822
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Conveniently located in downtown los gatos and
close to highway 280, 85 & 880

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