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Post-Judgment

A judgment is not always the end of a family law case. When circumstances change or orders are not followed, the court can act.

Modifying custody and support

Life changes after a judgment. Custody and support orders can be modified when circumstances change, such as a new job, a loss of income, or a change in a child's needs. Support changes generally reach back only to the date the request is filed, so it is important to act promptly.

To change a final custody order, the parent asking for the change generally must show a significant change in circumstances and that the change serves the child's best interest.

Enforcing orders

When the other side is not following an order, the court can enforce it. Depending on the order, tools include wage assignments, liens, writs to collect unpaid support, and contempt proceedings. Unpaid support also accrues interest.

Other post-judgment issues

  • Dividing retirement accounts that were not divided at the time of judgment
  • Assets that were not disclosed or not divided in the original case
  • Clarifying orders that have led to disagreements

Family Code §§ 3651, 3653, 3087, 2122

Common Questions

Post-Judgment

Can support be lowered if my income drops?

Usually, yes. File a request promptly, because a change generally cannot reach back before the filing date.

What if my ex stops paying support?

The court has several collection tools, including wage assignments and liens, and unpaid support accrues interest.

Can a judgment be reopened?

In limited situations, such as fraud or a failure to disclose assets, a judgment or part of it can be set aside.

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