Post-Judgment Enforcement and Modification
separation or divorce agreement
circumstances may qualify
- Involuntary job loss or demotion that has dramatically changed one parent's income
- The relocation of a custodial parent, when the move is far enough to significantly impact the child's life
- Drug abuse, alcohol abuse or domestic violence at the custodial parent's home, placing the child at risk
- The cohabitation or remarriage of a spouse
Frequently Asked Questions
In California, the post-judgment interest rate is set at 10% per year for most civil judgments. This interest starts accruing from the date the judgment is entered until it is fully paid.
A motion to enforce judgment is a legal request submitted to the court to compel a party to comply with a previously issued judgment, such as child support or spousal support orders.
In California, the statute of limitations to collect on a judgment is 10 years from the date the judgment is entered. However, this period can be renewed for another 10 years if proper action is taken before the initial period expires.
A change of circumstances for child custody could include a parent’s relocation, changes in the child’s needs, changes in a parent’s ability to care for the child, or new evidence of abuse or neglect. The court must determine whether the changes are significant enough to modify the custody arrangement.
Post-judgment modification refers to the legal process of altering the terms of a court order after the original judgment, usually related to child custody, child support, spousal support, or visitation arrangements. These modifications are pursued when there is a significant change in circumstances, such as a job loss or relocation.
If a party fails to comply with a court order, such as non-payment of child or spousal support, you can pursue enforcement through legal actions like wage garnishment, property liens, or contempt of court.
Yes, spousal or child support may be reduced through a post-judgment modification if the paying party can demonstrate a substantial change in circumstances, such as a decrease in income or increased financial burdens.
