When you and your spouse finally reach an agreement, and the terms are finalized in a settlement agreement or the court orders the terms of the divorce after a trial, that is not always the end of your conflict. Unfortunately, there are times after the divorce is final when you must take additional action to enforce the terms of your Judgment of Divorce.
All too often parties must return to court when one party fails to honor the terms of the Judgment of Divorce. If you are the party seeking to hold the other party to the terms of the agreement or the Order of the court, you must file a Post -Judgment Motion to Enforce Litigant’s Rights. The enforcement you are seeking can range from financial issues such as the failure to pay alimony and child support to issues involving custody and parenting time when a schedule in place is not followed. There are steps you can take to resolve the issues on your own, which at the very least will help you be successful should you need to return to court for enforcement.
Tips for enforcement:
- communicate with your ex in writing regarding the terms not honored;
- request consent in writing where required pursuant to the terms of your agreement/Order;
- provide invoices and proof of payment when requesting reimbursement; and
- keep organized records of communication, requests for compliance and invoices.
If your efforts to attempt a resolution with the other party have failed, you may have no other option but to file a Post -judgment Motion or agree to attend mediation. If the court determines that the other party is in violation of the terms of the agreement, you may also request the court order the violating party to be responsible for paying for your counsel fees incurred to enforce the terms. It is never easy returning to court after a lengthy and emotional divorce proceeding. Our family law team at Cohn Lifland is here to help navigate your Post- Judgment issues with mediation services or other representation to file the appropriate application with the court to enforce and to hold the violating party accountable.