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:

• Increased visitation/parenting time
• Proof of physical or emotional abuse of the child
• Proof of alcohol or drug abuse by the parent
• Relocation to another state

As with most issues involving children, the courts will use the “best interest of the child” standard to decide on post divorce modification.

It’s no surprise that post divorce modification requests for financial reasons are common. Financial modifications may be sought to increase or decrease the amount of child support or alimony.

Generally speaking the courts will consider a post divorce modification for the following reasons:

• Substantial increase/decrease in income
• Illness
• Disability
• Job loss
• Remarriage of ex-spouse
• Change in the financial needs of the child or ex-spouse

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.

• Failure to pay child support
• Failure to pay spousal support
• Parenting time/visitation issues
• Failure to divide marital assets as set forth in the agreement
• Failure to provide insurance coverage as set forth in the decree
• Failure to comply with any other required action as stated in the order.

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.

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