Post Divorce Modification and Enforcement
Post Divorce Modification
Just because your divorce is finalized doesn’t mean things can’t change. The court still has jurisdiction over divorce cases even after the decree has been issued and it IS possible to modify and existing order. However, you can’t just decide you’ve changed your mind or that you don’t like the outcome of your divorce and file for a post divorce modification. Most states require a significant or material change of circumstances before they even consider a modification.
Two of the most common reasons for a post divorce modification are children and money.
When it comes to children a post divorce modification can be sought if the needs of the child have changed significantly. Those needs can include:
As with most issues involving children, the courts will use the “best interest of the child” standard to decide on post divorce modification.
Generally speaking the courts will consider a post divorce modification for the following reasons:
Post divorce modification is often at the discretion of the court and can be complicated. It is best to seek the assistance of an attorney that is experienced in post divorce modification or post divorce enforcement and who can guide you through the process.
Post Divorce Enforcement
Once the court has made a ruling on a divorce case the parties involved are required to follow through with the obligations set forth in the order. If either spouse fails to perform or violates any of the obligations required they can be found to be in contempt of a court order. If this is the case you will need to file an enforcement action.Common Causes for Enforcement Actions
Post divorce enforcement usually involves going to court. As in any situation where you need to appear in court it always best to be represented by a professional that is experienced in handling that type of case.
Additional Divorce Resources and Information:Directory of Attorneys Directory of Mediators Directory of Divorce Services Financial FAQ's Featured Articles Child Support Child Support Calculators
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