Post Judgment Modification And Enforcement

Final divorce orders may not be the end of the story. Many times, due to circumstances that arise post-divorce, a party may return to court to either modify or attempt to enforce the final divorce orders. The attorneys at GraberRoberts, LLC, dedicate a large part of their practice to these post judgment disputes. This includes both prosecuting and defending against post judgment modification and enforcement claims.

Modification

Change can be expected in the years following your divorce. No matter how careful you are in crafting your divorce agreement and orders, a modification of those orders may be necessary to reflect the realities of your life years later. In those instances, you may want to speak with an attorney to determine whether and to what extent you could modify those orders.

Modifiable post divorce orders may include support orders (alimony and child support), parenting schedules, and custody orders, while property division orders are not modifiable. Before a court will modify an existing financial or custody order, it must first determine whether there has been a substantial change in circumstances warranting the modification. These changes in circumstances may include:

  • Changes in employment by either party or job loss.

  • Retirement.

  • Changes in income of either party.

  • Extraordinary expenses of a party or child.

  • Emancipation of a child.

  • Remarriage or cohabitation.

  • Changes in health.

  • Changing needs of the children.

Our attorneys are experienced in all forms of post judgment modification; whether it be modifications of financial orders or of custody orders and the parenting plan. With over 60 years of combined experience, we are equipped to handle all your post divorce needs. We will provide a frank analysis of whether a modification is possible under your specific divorce orders. While we strive to resolve all post divorce disputes outside of the courtroom, we will zealously advocate for our clients and will resolve the disputes with a contested hearing, if necessary.

Enforcement

When one party fails to follow the final divorce orders, the other may seek to enforce those orders with the court. Enforcement can range from asking the court to set certain post divorce parameters and orders (motions for order) to asking that the court find the other party in contempt for violating the existing orders. Examples of situations where post divorce enforcement actions may be necessary include:

  • Failure to pay support (alimony or child support).

  • Failure to divide property in accordance with the final divorce orders.

  • Failure to maintain a life insurance policy.

  • Determining how the parents will pay for their children’s college educational expenses.

  • Parenting issues, such as failure to abide by the parenting schedule or disparagement.

In considering the unique and individual circumstances surrounding each case, our attorneys will advise clients on the most appropriate and effective methods available to enforce the divorce orders or defend against an enforcement action. While settlement is always ideal, if necessary, we will tenaciously pursue or defend against enforcement actions in court, with an eye towards achieving the best possible results for our clients.