After months (or years) of the process of ending your marriage, you have finally received your Judgment of Divorce and you are on your way to a new life! Both you and your ex understand, agree upon, and are willing to live by the terms of your agreement.

So, what do you do if something in your agreement no longer works for you or your children? What do you do if your ex simply refuses to comply with the terms of the agreement you signed in good faith? These challenges are known as Post-Judgment matters and are not rare in Family Court.

Changes in Circumstance

If you have a change in your situation, you must review the following:

  1. First, you may want to decide, if you are on reasonable terms with your ex, if you can simply have a conversation with him/her either alone or with a mediator regarding what you see as the change and any possible solutions you would like to suggest. If you are not on good terms, or if the change is particularly sensitive (i.e. the children no longer want to spend as much time with your ex as has been set up in your agreement), this may not be a viable option.
  2. Second, you will need to review your agreement to see if you are required to attend mediation prior to seeking Court intervention. If so, you can hire an attorney to help you through the mediation process, or you can speak with your ex about choosing a mediator and going to mediation without counsel.
  3. If mediation is not an option or is refused by your ex, you should think about whether the change is considered substantial, i.e., is this change temporary or small, or does this have a significant impact on your family or your finances or your future.
  4. You should always consult with an attorney if you have reached this point. A skilled family law attorney will coach you through your next step, which entails filing a Motion with the Family Court and arguing it before the Judge.

The most common reasons for a Motion for a Change of Circumstances are changes in the custody arrangement, early retirement, a need or desire to move to another state, a change in job status, or a child(ren) leaving for college. This is not an exhaustive list. Every divorce is different and every post-divorce issue is unique.
Your attorney will advise you regarding the applicable laws that govern changes post-divorce. As thorough as divorce lawyers and their clients like to be, no one can foresee the future, and if there is a substantial change the Court will address it.

Non-Compliance

If your need for Post-Judgment relief is based on non-compliance of your ex, you must consider:

  • Is this something you can discuss with your ex? That is typically a less feasible scenario than if there is a change of circumstances. Alternatively, a strongly-worded letter from your skilled attorney may encourage compliance on a specific matter.
  • You again need to check if your MSA, or settlement agreement, requires mediation prior to Court intervention. It is possible that simply attending mediation with an accomplished mediator will resolve the problems with compliance.
  • A Motion for compliance or a Motion for Enforcement of Litigant’s Right, as they are known, may be required. Again, a skilled family law attorney will be able to file the motion and argue for you in Court. Your ex will be given a chance to explain to the Court why he/she is not complying or is unable to comply and to also argue that in Court. Both parties will typically have attorneys by that time.

The most common reasons for a compliance motion are non-payment of alimony, non-payment of child support or refusal to act upon the terms of the agreement, such as selling the house or rolling over a retirement account. Your attorney will advise you of the best course of action and follow through to protect your rights.

No one wants to go back and re-litigate their divorce. Nevertheless, there are many occasions where it is necessary, and this Motion practice is there to help. Keep in mind that the Judicial system leans towards keeping the status quo- in other words, upholding reasoned and negotiated agreements is a priority. For a change is your circumstances, your attorney will set forth clearly why this unforeseen occurrence can be served only by a change in the Agreement. For a compliance issue, the preference to uphold agreements remains strong, but the reasons for the non-compliance will be heard and considered.

To review your individual Post-Judgment issue, contact our office for a strategy session with one of our highly regarded family law attorneys by calling 908-529-0353.