“Your divorce is final” is music to a party’s ear. Then, enter life and its constant changes and you find yourself in a position where you need to make adjustments to alimony, child support, child custody, and parenting time.
A party may need to file a post-judgment motion, if one of the following happens:
A party gets remarried or cohabitates;
A party wants to relocate with or without the child;
A party’s income increases or decreases significantly;
The child’s needs or schedule changes;
A party’s work schedule changes;
A party is seeking more parenting time;
New evidence was discovered after the divorce; or
A party does not follow the agreement or court order.
With regard to alimony modifications, the original court order and your circumstances will dictate whether or not you will be able to modify the alimony.
With regard to child support, there has to be a substantial change in circumstances. This applies to both the paying party or the one receiving child support.
Depending on each case, filing a motion may not be the automatic response. Rather, the parties can reach an agreement through mediation or collaborative law. Once there is an agreement prepared and signed, it gets submitted to the Court, so it becomes enforceable.
Some of the most frequent post judgment motions are:
Motion for Modification, which is filed when one party seeks to modify alimony, child support, child custody, or parenting time.
Motion for Contempt, which is filed when one party does not follow the court order, or agreement.
Motion to Compel, which is filed when one party wants the court to require the other party to comply with an order, or take certain action.
Motion to Open, which is filed when one party discovers new evidence, or facts after the case is finalized.
Give us a call today at 203-917-3506 or contact us online to discuss your circumstances and put together a plan of action for your post judgment issue.