To change or enforce your court order, you will need to make one of three “post-judgment motions.” “Post-judgment” just means you already have a final order and you are looking to do something after the final order was given. A “motion” is a request you file with the court asking the court to do something—in this case, to change or enforce your order. The three motions are:
Use this motion if you need to change your order. By filing this motion, you are asking the court to change something in your final order. You must be able to show that there has been a "substantial change in circumstances" since the last court order. You can’t file a Motion to Modify just because you don’t agree with the order.And usually, you shouldn’t file a Motion to Modify too soon after the court gave the final order.
If things have changed in your or your children’s lives, you can ask to modify almost any part of the final order based on the changes in your life. Some examples of what you can change are:
Note: If your first order was a divorce, you will probably not be able to change the parts of your divorce that split up property or possessions.
This means that things in your life or your children’s lives have changed since the final order, and because of those changes, the final order you got from the court does not work anymore.
Some things that could count as a “substantial change” include:
If 3 years have passed since your most recent child support order, you can file a motion asking for a change in child support without having to prove a "substantial changes of circumstances."
Note: There are many more things that might be a “substantial change of circumstances.”
Use this motion if other party isn’t following your order and you want the court to enforce it.
This is an alternative to the Motion to Enforce (see above). It is more serious. If you file this kind of motion:
Using a Motion to Enforce is usually simpler and should work to get what you need. But, if the other party is ignoring an earlier Order to Enforce or they just won’t do anything the court orders, you might want to go the next step by bringing a Motion for Contempt. A Motion for Contempt is a little more complicated, but we do have step-by-step instructions on how to do this, too.