Enforcement of Judgments and Post-Judgment Motions
Post-divorce litigation occurs after the divorce or legal separation is finalized. The most common issues in post-divorce litigation are enforcement and modifications of the original Court orders. Since the circumstances affecting custody and support change frequently, six months or a year from now todays orders may no longer be relevant. Finally, it is fairly common that one of the partys does not comply with the Court orders and the other party must employ legal measures to enforce them.
Womens Divorce Center handles enforcement of orders and modifications of child custody orders and child and spousal support orders.
Enforcement of Orders
Winning your case and obtaining a favorable settlement or judgment becomes pointless if the other side does not comply. However, since the whole legal system is dependent on litigants following the Court decisions, the law also provides a mechanism for enforcement of the orders. An experienced Womens Divorce Center attorney can advise you on legal measures available to you and help you utilize the enforcement tools by filing motions for contempt, obtaining wage assignment orders or writs of execution.
Child Custody Modifications
Generally, the parent seeking modification of child custody orders has to demonstrate a significant change in circumstances from the time the original order was granted. Such significant changes include but are not limited to:
Changes in work schedule;
Changes in childs preference;
Changes in parents location, such as moving closer or planning to move further away;
Irresponsible parenting, such as substance abuse, child neglect, etc.
If your family is going through some significant changes that could affect current custody arrangements, contact a child custody attorney to see if modifications to child custody and child visitation schedule are possible.
Child and Spousal Support Modifications
Changes in child custody and visitation arrangements can also create grounds for adjustment in child support. Also, both child and spousal support can be modified if there is a substantial change in parties financial situation, such as significant increase or decrease in income.
Child support orders are modifiable at any time the Court deems necessary. And even though the parties may have agreed for the child support to be non-modifiable, the Court can still change it at any time to the amount deemed proper by the mandatory statewide child support guideline.
Likewise, spousal support can also be modified or terminated due to changes in parties financial conditions, health issues, or living situation. In addition, significant adjustments or ending of child support may also provide grounds for changes in spousal support.
It is important to remember that if there is a significant change in any of the factors that the judge would consider when making a spousal support order (such as decreased income due to loss of employment or working fewer hours), it is necessary that you act right away to modify your spousal support to reflect these changes. Otherwise, the original orders will remain in place and you will be obligated to comply with their requirements despite the changed circumstances. Support obligations cannot be modified retroactively and the judge can only change your child or spousal support from the date you filed your motion requesting such change.
Womens Divorce Center attorneys are skilled in evaluating these special circumstances and determining whether possibility for modification of the original court orders exists. We can help you obtain custody and support modifications and reach a fair and equitable outcome for all involved.
Contact Womens Divorce Center today at (619) 630-4765 or (858) 461-9237 and let us know how we can help.’