Ideally, any disputes between former spouses should be resolved before entry of Judgment. However, this is not always the case. Typically, these arguments happen when there is a change of circumstances, leading them to request a modification of one or more provisions of the Judgment. If you are facing a conflict with your ex-spouse, you should speak with an Agoura Hills post-judgment modification lawyer.
Our family law attorneys could help you file or seek enforcement of the Judgment. Whether you are dealing with a proposed modification for child support or custody, or need help filing a complaint for an issue like past-due support, I can explain your legal options and offer guidance during your next steps.
A variety of disputes can arise after a divorce judgment is final, which may require help from an Agoura Hills attorney. Often, these disputes are about child custody and visitation, child support, spousal support and in some situations, division of property not covered in the Judgment. It is essential to understand that there are situations where a modification of the divorce decree may be sought and approved by the court.
However, in general, for a court to approve a change in a divorce decree, the petitioning party must be able to show a material change of circumstances since the Court entered the original judgment.
Post-divorce conflicts commonly occur when one parent wishes to modify the child custody arrangement. If the parents do not agree, the petitioning parent will submit a Request for Order to seek a modification. Depending on the wording of the Judgment, the court may consider the best interests of the child or it might be required to find a child-based change of circumstances. For example, if one parent needs to relocate or demonstrates that the child is in danger with their current living situation, the court may approve a modification. Alternatively, if a change harms the child’s best interests, the court may deny the request.
A lawyer in the area also could help with disputes related to matters such as modification or enforcement of a child support order. Parents commonly request child support modifications in the event of a job loss, unforeseen health expenses, or the imprisonment of the paying party. Sometimes, a post-divorce dispute occurs because one party fails to uphold their obligation under the existing court order. In these cases, the compliant party may have grounds to submit a contempt citation to the court. If the court holds the non-compliant party in contempt, they have to pay a fine, or face imprisonment for up to five days.
It is often preferable to try to deal with post-divorce disputes outside of litigation, as going to court can be both time-consuming and expensive. Sometimes, the two parties can agree and stipulate to a change in the existing order. If the parties do not agree, mediation also may be a viable option to resolve the dispute without going to court.
However, going to court may be unavoidable in some circumstances. In these situations, one party may need to submit an appeal of the divorce decree or formally request enforcement of the court’s original order. The court makes a ruling according to the facts and evidence each party presents regarding the post-divorce dispute, so it is vital to work with a seasoned Agoura Hills attorney who has experience with post-judgment modification.
If you need help modifying or enforcing part or all of your original divorce decree, an Agoura Hills post-judgment modification lawyer could assist. Our attorneys could advise you of your rights and assess what legal action is possible for the particular conflict you are facing. To discuss your case, call today and arrange your initial consultation.