Modification and Enforcement
Once you are divorced, you may require the Court’s assistance. Perhaps your former spouse is not following the terms of the divorce agreement. Maybe certain events in your life warrant a change to the terms of your divorce. In such instances, you may need to initiate what is called a “post-judgment” action.
Enforcing Your Agreement or Order:
Has your former spouse refused to provide to you a marital asset to which you are entitled? Has your former spouse denied you access to your children? Has your former spouse refused to pay or paid insufficient amounts of child support or alimony?
If your spouse is not complying with the provisions of your divorce agreement or Court Order, you may want to consider filing a Post-Judgment Motion to enforce your rights. Enforcement can be a complicated matter and the Cohn Lifland family law group is here to help you enforce your rights regarding child support, division of assets, alimony, parenting time, life or health insurance, and other various issues.
Modifying Your Agreement or Order:
Even after your divorce agreement or Court Order has been entered, it may be modified if there has been a substantial change in circumstances.
Have you lost your job? Have you retired? Have you suffered a disability? Has your former spouse significantly increased his or her earnings? Has your former spouse begun a serious relationship? Certain changes in your or your former spouse’s financial circumstances may warrant a modification, suspension, or termination in an alimony obligation. If your former spouse has begun cohabiting with someone else, an analysis of all the appropriate factors must be undertaken to determine whether your alimony obligation may be modified, suspended or terminated.
Do you want to see your children more? Do you feel a change in custody is necessary? Have your children grown up and no longer require child support? If certain circumstances arise with your children, custody and parenting time may be subject to change. As your children mature, an analysis may be appropriate regarding modification or termination of child support.
Have you discovered an asset that your former spouse did not reveal during the divorce? If your spouse did not reveal an asset during the divorce proceeding that should have been subject to equitable distribution, your divorce agreement or Court Order may be reevaluated.
Has a new issue arisen that was not addressed in your divorce agreement or Court Order? New issues arise every day that may not be covered in your divorce agreement or Court Order. Perhaps the issue was deferred to a later date, such as contribution to your children’s college education. Perhaps it is an issue that no one anticipated or could not be reasonably foreseen.
The Cohn Lifland family law group can help you determine if the changes in your life or new issues not covered in your divorce agreement or Court Order require further action. We can assist you in amicable resolution or assist you in filing a Post-Judgment Motion to modify the terms of your divorce agreement or Court Order.