Post-Divorce Legal Issues
You may see your divorce decree as final, and it should be treated as though the decisions made today will stand the test of time. However, we all know things change over time, and what worked for the past may not necessarily be working now. This is where divorce modification comes into play.
Alternatively, perhaps your former spouse is not playing by the rules agreed to or imparted by a judge. In such cases, you have the right to enforce your agreement under the law. An experienced lawyer can help you.
I offer straightforward guidance in either situation. Your rights following divorce are binding. I can help you protect them, whether you’re moving and need to modify your custody arrangement or your ex has missed one too many child support or alimony payments.
Modifying Support Obligations
Whether you can modify the terms of your divorce settlement depends on the nature of your request. If you seek to modify your spousal support obligation, for example, it will be necessary to prove that the payments are an “undue hardship.” If you wish to modify your child support, then you must be able to prove to the court that a “substantial change in circumstances” has occurred since the judgment of divorce was signed. Both standards require evidence of an unanticipated and unforeseen change in circumstances.
The Consequences Of Being In Contempt Of The Court
If you can prove that your ex-spouse is willfully ignoring the terms of your agreement, then he or she may find themselves in contempt of court. This means he or she can be incarcerated! The very judgment itself may also call for the award of counsel fees due to noncompliance, meaning he or she may also be required to pay the attorneys’ fees you incurred in bringing the motion to court.
When Your Ex Refuses To Cooperate
One of the most frequent post-divorce enforcement issues that comes to my office is when a spouse fails to cooperate in the sale of the marital home. In such cases, it can be very frustrating for the spouse who wants to sell, and we are forced to bring contempt motion after contempt motion. Sometimes, the only way forward is to have the court appoint a referee to sign and attend a closing for the noncomplying spouse.
When Tackling Post-Divorce Issues, Experience Matters
Whether you desire to change custody, child support or spousal maintenance or enforce your divorce judgment, please contact my office in Staten Island at 718-720-1000 to learn your rights before taking matters into your own hands. I have more than 25 years of experience to draw upon in helping you find a solution.