Post-Judgement Issues

Sometimes Family Law issues arise several years after a Judgment has been entered. In these instances, the family law courts will have continued jurisdiction to resolve any issues that arise after the Judgment has been entered. Our office often assists clients in resolving issues that arise years after the Divorce has been finalized.

Child Custody Modification

Sometimes Family Law issues arise several years after a Judgment has been entered. In these instances, the family law courts will have continued jurisdiction to resolve any issues that arise after the Judgment has been entered. Our office often assists clients in resolving issues that arise years after the Divorce has been finalized.

Relocation of one of the parents

Parental Alienation

Incarceration of a Parent

Parties Mutual Agreement

Substance Abuse

Ongoing Violations of Custody Orders

In these cases, we usually try to meet and confer with the other parent or their attorney prior to filing the Request for Order with the Court. If we are unable to resolve the matter, then we will request a hearing on the issues. As the moving party has the burden of showing that there has been a significant change in circumstances since the Judgement was entered, we work to create a game plan and gather evidence prior to the filing of our case. Some of these matters may involve either a request for a Custody Evaluation or Minor’s Counsel so that the Court can have the evidence presented to them to decide if the change is appropriate. 

Child Support Modification

The Court retains jurisdiction over child support until the children reach the age of 18 AND graduate from High School. While Spousal Support orders are made based on the income of the parties during the marriage, child support orders are made based on the income of the parties and can be modified based on a change of the income. Additionally, when Child Custody Orders are modified, then the timeshare may be changed, therefore it may be important to change the child support orders.  It is important to obtain a valid court order when coming to an agreement to modify child support.  Therefore, in cases where there is an agreement to change the child support orders, we will file a Stipulation and Order with the Court so that there is no issue later should a dispute arise during the marriage. 

Contempt Actions

Where there are valid court orders and one spouse refuses to abide by the Court orders, a Contempt Action may be filed against them.  These actions are Quasi Criminal Actions therefore the party in contempt must be personally served with the Contempt matter and they will be given the right to counsel.  Each violation is a separate count in the contempt action and therefore it is important to ensure that the paperwork is done correctly. It is important to note that once the contempt has been filed, the spouse that is accused of contempt will not be required to respond to Discovery that could possibly incriminate them in the Contempt matter.  Examples of cases in which a contempt action can be filed are listed below:

Violations of Custody of Visitation Orders

Violations of Legal Custody Orders

Failure to pay Spousal Support

Failure to pay Child Support

Failure to transfer property under Divorce Judgement

Spousal Support Modification

Circumstances often change regarding the finances of the parties.  The support that is awarded at the end of a Divorce is not always appropriate years after a Divorce.  In many cases, a Gavron Warning will be put into the final Judgment indicating that the supported spouse must make efforts to become self-supporting.  In those cases, the failure to do so can be deemed to be a change in circumstances.  The income of the parties or their ability to work may also change in time and the supporting spouse may seek to change the support order. Here are some circumstances where parties may seek to modify support orders after the Judgment has been finalized.

 

  • Failure to become self-supporting within a reasonable time
  • Loss of income due to unemployment or retirement of the supporting spouse
  • Cohabitation of the supported spouse
  • Remarriage and the addition of children into the household of the supporting spouse
  • Increase in Income for the supported spouse
  • Change in jobs for the supporting spouse with a decrease in income