What is a Post-Judgment Motion and How Does It Affect Me?

A family law attorney can help answer all your questions about post-judgment motions.

Generally people believe that the judgment orders in their case are final. However, that is not necessarily the case in family law matters. California permits parties in a family law matter to file motions after a judgment has already been entered in their family law matter.

If you want to file a post-judgment motion in your case, or if you have been served by the opposing party with a post-judgment motion, it is important that you speak with a Wallin & Klarich family law attorney who can review your case and provide you with the right legal advice.

What does Post-Judgment mean?

Post-Judgment literally means after a judgment. Therefore, once your case has been finalized and a judgment has been entered, any actions or proceedings that occur after the entry of judgment are considered “post-judgment.”

In the area of family law it is very common for there to be post-judgment actions or proceedings. A post judgment motion can include a Motion to Set-Aside. However, many of the post-judgment motions brought forth in California’s family law courts relate to modification of the judgment orders. The four most common post-judgment modification motions are:

1. Child custody;

2. Child visitation;

3. Child support (Family Code Sections 4050-4076); and
4. Spousal support (Family Code Sections 4320-4326).

How Do Post-Judgment Motions Affect You and Your Family Law Case

Post-judgment motions occur after a judgment in your family law case has been entered. A post-judgment motion, if granted, will not only change your judgment orders but will also affect your personal and daily life.

For example, in a post-judgment motion to modify child visitation, the parent bringing forth the motion is requesting that the visitation schedule for your child be modified from what it is currently ordered in the judgment. Therefore, your weekly and even daily schedule will change if the motion is granted because the days and times your child spends with you will be different than what you have been following according to the judgment orders.

It is important to note, for post-judgment motions requesting that child custody, child visitation, child support, or spousal support be modified, the party bringing forth the motion must demonstrate to the court a “change of circumstances.” This means that from the date your judgment was entered, circumstances with regard to custody, visitation and/or support have significantly changed to warrant a modification of the prior court order.

How We Can Help You

If you want to file a post-judgment motion in your family law case, or if you have been served with a post-judgment motion, it is critical that you call a Wallin & Klarich family law attorney for accurate and truthful legal advice. We have been practicing family law for over 30 years and can help you today. Our family law attorneys have the experience and knowledge in various post-judgment motions, including motions to modify child custody, child visitation, child support, and spousal support. Call us at (888) 749-7428. Wallin and Klarich has offices in San Diego, Ventura, Sherman Oaks, West Covina, Torrance, San Bernardino, Riverside, Los Angeles and Orange County and can help you now. We will be there when you call.