Typically, once the divorce is determined by the court, it is final. However, in some cases, as things change for the child and the parent, they may need to adjust their divorce arrangement. In some cases, spouses may be breaking the orders of the divorce. “Post-Judgment” refers to legal modifications following the divorce, including property division, child support, and alimony. The lawyers at the Westport, Connecticut law firm Maya Murphy, PC can help you with any Post-Judgment issues that may arise.
Typical Post-Judgment Issues
Common Post-Judgment issues include:
- One parent needs to relocate
- One former spouse remarrying
- The income of one spouse changes significantly
- A former spouse disobeys divorce orders
- New evidence emerges following divorce
- A former spouse does not transfer funds or property as required by the court
- The life of the child changes significantly
Post-Judgment Modifications:
A common Post-Judgment action is filing a Motion to Modify. This motion can propose changes to custody, child support, or alimony to reflect major life changes. One can file a Motion for Contempt if one’s former spouse breaks court orders. One can file a Motion to Open if new evidence emerges relating to the divorce. One can file a Motion to Compel if they want the court to require a certain action and a Motion to Set Aside if they take issue with the court’s divorce judgment. Instead of litigating, a spouse can also reach an agreement with their former spouse through mediation. Our attorneys can submit the signed agreement to the court so it becomes enforceable.
Modifications to Custody, Visitation, and Parenting:
A former spouse can adjust custody and visitation agreements due to changes in the lives of the parents and the child. However, all changes must be in the best interest of the child. A former spouse might file a Motion to Modify if they are seeking more parenting time, relocating, or experiencing changes to their work schedule.
Alimony Modifications:
If the court did not require alimony when deciding the divorce, a former spouse cannot request alimony Post Judgment. However, a former spouse may be able to modify alimony if the court ordered at least $1 in alimony. The former spouse must ensure that their divorce decree does not prohibit changing alimony. If it does not, the former spouse can ask the court to adjust or eliminate alimony from the divorce due to a significant change.
