Life changes fast, and in the months or years following a divorce, it’s only normal for things to change–often significantly. In many cases, these changes require a modification to an initial divorce agreement to better reflect the individual’s current situation in life. If you’re looking to modify your initial divorce agreement, please don’t hesitate to contact the skilled Iowa post-judgment modification lawyers here at Iowa Defenders, PLLC today.
Common Reasons for Post-Judgment Modifications
To get a post-judgment modification, you will need to prove that there has been an unforeseen, significant, and continuing change in circumstances. Just some of the most common scenarios that may warrant post-judgment modifications are as follows:
- A significant change in financial circumstances, such as a loss of income or a significant boost in income
- A change in the health or well-being of a child, such as a medical condition or a disability
- A change in the marital status of either party, such as remarriage, which may warrant termination of alimony payments
- The discovery of previously undisclosed assets or debts
- A change in the parental fitness of either parent, such as developing a substance abuse issue or exposing a child to an incident of domestic abuse
- A change in the living situation of either party, such as one parent wanting to move out of state with the child
Ultimately, every case is different, and there is no guarantee that any scenario will definitely warrant a modification to a divorce agreement, which is why if you’re seeking a modification, you should strongly consider speaking with a competent attorney who can advocate for your interests, every step of the way.
What is the Process of Obtaining a Post-Judgment Modification in Iowa?
Obtaining a post-judgment modification in Iowa involves several specific steps, designed to ensure the modification reflects significant changes in circumstances while maintaining the fairness and legality of the original agreement. A brief outline of the process is as follows:
- The first step involves the individual (or their attorney) assessing whether there has been a significant, unforeseen, and continuing change in circumstances since the original judgment was made. This could be a change in income, health condition, marital status, or any other major life event affecting the original terms of the divorce agreement.
- If your lawyer agrees that you have a valid reason for modification, the next step is to file a motion for modification with the Iowa family court that issued the original divorce decree. This motion must clearly outline the changes in circumstances and how they affect the current arrangements.
- Once filed, the motion must be formally served to the other party, allowing them an opportunity to respond. They may agree to the modifications, contest them, or request further negotiations.
- If the modification is contested, the court will schedule a hearing. During this hearing, both parties can present evidence and arguments for their respective positions. The court will consider all evidence, including any documents and testimonies related to the change in circumstances.
- After the hearing, the judge will make a decision based on the evidence presented. The judge will assess whether the changes in circumstance are substantial and ongoing enough to warrant a modification of the divorce decree.
- If the court approves the modification, the changes will be legally implemented. The new terms will replace the relevant sections of the original divorce decree, thereby reflecting the current circumstances of the parties involved.
Contact Our Iowa Post-Judgment Modification Lawyers
Whether you’re looking to modify child custody, child support, alimony, or otherwise, our team stands ready to help you through the process. Contact the Dallas County family lawyers at Iowa Defenders, PLLC today.
