Oakland County Post-Judgment Matters Attorneys
Post-judgment matters arise after entry of a judgment or formal court order. A post-judgment matter may be a request to modify custody, parenting time, child support or some other modifiable aspect of a judgment. The request may also be to clarify an ambiguous provision in a judgment, whether it is child-related or in a property settlement, or for enforcement of a provision of the judgment.
When initially establishing a judgment provision, the burden of proof is much lower than in a post-judgment matter. The standard for modification in a post-judgment matter is "clear and convincing" which is a high standard of proof. For custody/parenting time issues to be modified, if not by consent, there must be "proper cause and/or a change of circumstances." Property settlement provisions are generally non-modifiable except under very specific circumstances, such as mutual mistake or fraud.
Most modifications are fact driven. Parties may agree or disagree on facts, in which case the court will reach decision regarding the issues properly raised by a party. Expressing joint intent of the parties in a judgment assists with avoiding future confrontation with an ex-spouse.