After a marriage dissolution or divorce has been finalized, sometimes issues arise that still require legal action. These legal actions are referred to as post-decree proceedings. Situations providing grounds for post decree may include:
– Failure to pay child support
– Failure to pay spousal maintenance
– Denial of visitation
– Changes in circumstances affecting child support
– Changes in circumstances affecting child custody
– Failure to turn over awarded property
At Katz, Goldstein & Warren, our divorce attorneys encourage clients to keep us apprised of issues that ensue after divorce regarding rulings or settlements. While the majority of family discord may have been laid to rest during the process of divorce, post decree is an area of law designed to deal with changing circumstances or non-compliance with court rulings subsequent to divorce.
Non-compliance with an original divorce decree can lead to contempt of court proceedings. As your divorce lawyers we can request legal action to garnish wages, bank accounts or request an order for the offending party to appear in court for a hearing. During a court hearing, the judge may order time in jail or impose fines to enforce compliance with previous court rulings.
Life circumstances often justify post-decree modifications. Losing a job, remarriage, moving to another location or receiving an inheritance are just some of the changing circumstances that may affect earlier rendered judgments. Such circumstances may be grounds for modification of rulings regarding spousal maintenance, child support or visitation.
Generally the court does not modify rulings regarding property division; however if there is evidence that the original decree was based on incorrect information, the court may allow initiation of proceedings to correct the information. If there were violations of full financial disclosure with the intention of concealing assets, the court may find it appropriate to impose severe penalties.
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