After divorce proceedings are finalized, the court will issue a final divorce order or decree. It may address many matters, including child support, child custody, visitation, and spousal support. This order must be followed or there can be serious consequences involved. At Delgado Law LLC, our firm is highly experienced and knowledgeable when it comes to post-divorce motions and other post-divorce matters of all types.
If you have undergone a substantial change in circumstances — or if your ex is violating a court order — you may be eligible to modify your divorce decree or seek to have it enforced so that it better aligns with your current situation.
Although the final divorce judgment issued by the court may have been fair at one point, circumstances can change leaving one party unable to stick to the agreement. This is where a firm with family law experience comes in, to assist you with post-divorce motions such as modifications or enforcement. As a former Law Clerk in the New Jersey Superior Court, Middlesex County Family Part, Miguel Delgado exclusively handled post-judgment family law matters and has a unique understanding of how judges are likely to decide such motions. His broad litigation experience and expertise serves to deliver positive outcomes for his clients no matter their unique situation. From questions of child custody and support to the enforcement of court orders, Miguel Delgado’s experience with family law matters allows him to provide clients with comprehensive representation and guidance to enable sound and creative thinking about their plans for the future.
We understand that family law issues frequently involve a complex mixture of emotion, history, assets and goals. Pulling apart and resolving the often-conflicting pieces of that web requires an attorney who not only knows the law – but who also sees and understands your whole picture. As such, we are here to help you navigate all of the emotional, financial, and legal challenges of your family law matter.
At Delgado Law LLC, we understand that family law matters can unfold over a lifetime. A custody arrangement or spousal support order that worked a year ago may need to be revised, and holding each party in the divorce accountable for their post-decree behavior is crucial to the settlement being truly fair. So, whether it be issues of complying with a post-divorce agreement resulting from changes in circumstances or conflict between spouses, it becomes important to address them with the assistance of an attorney to ensure the appropriate steps are taken.
Fundamentally, post-divorce motions are a request to make changes to some aspect of a divorce decree put forth by the court or a request that the decree itself, or other court order, be fully enforced due to one party’s failure to comply.
Many people consider a divorce finalized when the court enters the divorce decree. However, entry of a judgment and decree does not mark the end of the process. There are many reasons a divorce decree may end up being modified or sought to be enforced. It can be a mistake to assume that your finalized divorce decree is the last word on the dissolution of your marriage. Circumstances can change after a divorce, forcing a reassessment of the original terms, or an ex-spouse can claim their former mate is violating the decree.
While there are a variety of post-decree motions for addressing various types of situations, some of the most common include:
During the divorce process, one of the biggest decisions the court makes concerns the custody of your children. At the time of the divorce, the court will use a “best interests of the children” standard as the guide for determining custody. However, after the divorce is over, circumstances can change and there are sometimes instances where a parent wishes to modify the custody provisions outlined in the original court order to respond to any significant changes.
Child Support Modification
Child support is often a major part of a divorce. While the amount of child support is dependent on the financial situation of the parents and the needs of the child at the time of the divorce, there are often circumstances that require this amount to be changed later. If you have been involved in a divorce or paternity matter, and feel a need to modify the amount of child support you are paying or receiving, then you will need to file a motion to modify child support.
Parenting Time Modification
As with custody, the court will determine an individual’s parenting time based on the best interests of the children. However, over time, these interests may change. It is can be the case that one parent eventually will seek out the opportunity to spend more time with his or her child. Getting the court to modify custody, as opposed to parenting time, can be a very challenging task. Therefore, many parents attempt to get a modification of the parenting time schedule instead.
Spousal Maintenance Modification
After a divorce is finalized, it is often the case that one party has to provide financial support to the other party for a certain period of time. This payment (referred to as spousal maintenance or alimony) is generally paid by the spouse who had the higher income during the marriage. While the court sometimes declares spousal maintenance temporary, there are situations in which one party may need to modify the amount paid as their financial situation may have changed since the divorce was finalized.
Relocation to Another State
There are many things that can complicate a relationship between a parent and a child after a divorce. This is especially true for a non-custodial parent. There are even some instances where a custodial parent may want, or need, to move out of state with the child. Such a move would obviously have a major impact on the parenting time of the non-custodial parent. Because of this, a custodial parent cannot simply relocate without the permission of either the non-custodial parent, or the court.
Enforcing Your Rights and Court Orders
When a divorce reaches conclusion, there are many things that have been sorted out by the court and the parties involved. Custody, parenting time, child support, and spousal maintenance (alimony) are just a few of the issues that the court or parties determine. However, despite a valid divorce decree or other court order, one of the parties may not fully comply with the decree or order issued by the court. When there is some type of violation of the terms of the divorce decree, a motion can be filed to enforce your rights as provided by the court. At Delgado Law, we can help you explore your options for enforcement and how we can leverage legal tools to resolve these types of issues. Some of these tools include demand letters, wage garnishment, levies, and suspension of a driver’s license or passport, among others.
Ultimately, securing the services of an experienced New Jersey Family Law Attorney is one of the most important steps you can take for yourself and your family when family law issues arise. As an experienced trial attorney, Miguel Delgado is confident in the ability to resolve post-divorce disputes in an efficient manner with practical solutions. Should your case require litigation, Delgado Law can securely guide you through the court system and fight to assert your rights.
In the end, the court will use its own criteria to determine whether your motion is reasonable. This is when the support of a knowledgeable attorney to help ensure that you meet these criteria is critical. Here, at Delgado Law, we listen to your concerns and advise you as to whether it is prudent and advantageous for you to file a post-divorce motion, as it may not always be beneficial to file a one depending on a client’s personal circumstances. That is why we are here to provide you with insights and thorough explanations as to whether a post-divorce motion is the right option for you.
Whether you are dealing with a child custody or support issue, require enforcement of a judgment, need need help seeking a restraining order, or have questions concerning any facet of family law, please don’t hesitate to get in contact with our firm. At Delgado Law LLC, we bring experience and compassion to the practice of family law.
If you or a loved one are in need of assistance with any post-judgment or family law matters, please feel free to contact us to arrange a no obligation in-person, virtual, or phone consultation at email@example.com or by phone at (201) 721-8717.
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