If you’re looking to make some sort of change to your divorce agreement, you’ll likely need what is known as a post-judgement modification.
In British Columbia, a post-judgment modification lets you modify or change certain aspects of a court judgment or order after it has been issued by the court. Post-judgment modifications can pertain to various aspects of a court order, including child custody, visitation rights, child support, spousal support, division of property, or other relevant matters.
The purpose of seeking a modification is to address changes in circumstances that have occurred since the original judgment was made. Maybe your schedule has changed and you’re looking to modify your visitation agreement, or maybe you are now seeking sole custody of your children. Since you’ve already agreed to a previous judgment or court order, you’ll need to go through a similar process to change that judgment.
How to get a Post-Judgment Modification
To initiate a post-judgment modification, you typically need to file a motion or application with the court that has jurisdiction over your original judgment. You will need to provide evidence and compelling reasons supporting your request for modification, such as a substantial change in financial circumstances, a significant change in the needs of any children involved, or any other relevant factors.
Upon receiving the motion, the court will evaluate the merits of your request and consider the best interests of both parties involved, particularly in cases related to child custody or support. The court may hold a hearing where both parties can present their arguments, and the judge will make a decision regarding the requested modification based on the evidence and applicable laws.
This is the basic run-down, but as in most cases, specific procedures and requirements for post-judgment modifications may vary depending on the nature of the case and the court involved. Therefore, it’s advisable to consult with a qualified legal professional or seek information from the British Columbia courts directly to obtain accurate and up-to-date guidance for your specific situation.
If you’re looking for legal advice, or assistance with your post-judgment modification, get in touch with the family law team here at Dhanu Dhaliwal Law Group. We can assist you with this or any other family law matter. Call us today or fill out the contact form on this page.
