There was a case. Because of the decision a judge made during a trial, you now have a judgment. Because both of you consented to an agreement, you got a judgment. After that, the process enters the post-judgment phase. You might be entitled to something in a divorce, as specified in the judgment order. How can you get what you are entitled to in post-judgment? An attorney can help with post-judgment divorce.
Click here to watch the video on How an Attorney Can Help with Post-Judgment Divorce #ChooseGoldmanLaw
The attorneys of both parties can keep an eye on the enforcement of the divorce judgment. One party may not cooperate. Your ex-spouse may decide not to abide by the judgment of divorce. You can always go back to the court. Petition for enforcement. You may have to file documents. Attend a hearing. These things take time. It means paying lawyers. The court can compel the erring party. Make your ex-spouse pay for the cost of filing and attorney fees. You can get reimbursed.
How do you know if you are already in post-judgment?
Your divorce had been running for months. You’ve been having meetings with your lawyer. Showing up for hearings. Doing conferences with your attorney. How do you know if you’re already there? Divorce is a very multi-step process. Even if you get to post-divorce, the journey still doesn’t end there. This phase involves addressing issues arising after your divorce is finalized. You need to understand the signs you’re already there. What does post-judgment look like?
Completion of the Divorce Process.
How do you know you already reached the conclusion of your divorce? The most obvious proof is the judgment order. This is the order, the document ending your marriage. This is official once it’s out. The end of divorce proceedings. The start of post-judgment matters.
Implementation of Court Orders.
It is in post-judgment that we see the order acted on by you or your ex-spouse. You will be transferring ownership of properties. You’re finding one of you paying for child support. Paying for spousal support too. Both of you are following parenting time schedules. Or, arguing details about it. You’re running around fulfilling obligations specified in the judgment order. These are visible indicators you are in the post-judgment phase. It’s the answer to the frequent question you have asked your attorney for weeks now. Are we there yet?
Need for Modification or Enforcement.
Modifications are often brought up after the divorce is finalized. A petition for enforcement is also often requested after the judgment is done. You’re finding yourself reflecting on changes in custody or support. You can only think of changing those things if you have already seen the judgment of divorce. You have moved beyond the initial divorce phase. You’re calling your lawyer about enforcement issues in parenting time. You are in the post-judgment phase.
Understand that the post-judgment of divorce ends the divorce process. That’s from the point of view of the court. Your journey does not end after the judgment of divorce is given. You’re not totally there yet. There will be disputes. There will be enforcement issues. One of you will have issues complying with parenting time or custody. Support payments may have issues. We hope you have a lawyer you can count on to smoothen issues for you.
What issues should you expect in post-judgment divorce?
We mentioned that your divorce journey hasn’t ended yet. There are going to be issues. You should hope it’s not too many. Let’s talk about the most likely thing that can plague your post-judgment phase.
Modifications of Child Custody and Parenting Time.
Child custody and parenting time are like daily or weekly concerns. Your situation can change. You may have the tough luck of losing your job. You might be forced to move. It can affect children. You will be forced to make adjustments. You have to inform the court of these changes. You may have no choice but to ask for changes in child custody or parenting time. You’re going to need help presenting a compelling case to the court. In Michigan, child custody can be modified. So is parenting time. Huge changes in your circumstances are justifiable reasons to request modifications. Your reason must be compelling:
- You must prove the significant change in your income or your spouse’s.
- You must show significant changes in your children’s circumstances.
- There must be substantial change in health. In employment status by either party.
Modifications of Child Support.
Child support is a primary issue in custody. The needs of the children will always change. Children grow up. Their needs grow with them. Each development state of the child will need an expanding environment. Your financial needs will change in proportion to your children’s development. The cost will never be the same. You will be forced to ask for modifications in child support. Take this as food for thought about child support modification.
- Changes in the child’s needs. Children grow. These are things you don’t get to have options of delaying or stopping. Growing is inevitable. It means a need for more food. New sets of clothes. Expanding extracurricular activities. The changes warrant modification of child support.
- Changes in the paying parent’s income. A parent’s income may not always be the same. Upheavals in the economy can have a great impact on parents’ income. They can lose a job. Get promoted. Get relocated. A change in the paying parent’s income can warrant modifications in child support.
- Changes in the shared parenting arrangement. The shared arrangements in parenting can change post-divorce. It could mean changes in parent work schedules. Changes in school programs. Changes in children’s extracurricular activities. It can also mean changes in parents’ health. These circumstances can warrant modification.
Modifications of Spousal Support.
You worry about the evolving situation of your children. You also need to worry about the evolving situation of your life. You’re single now. Your priorities have changes coming in rapid succession. Being single. Being a single parent. A document called the judgment of divorce made it official. You lose your job. Your financial situation flips over. You get sick. Disabled. Things can be bad to worse. You need to change your support in proportion to your evolving circumstances. The option to modify support becomes a desirable course of action. Talk to your attorney to build a strong case for modification. Modification in spousal support is possible with the following circumstances in your life.
- Changes in the recipient’s needs. Your spouse, the recipient of spousal support, may have needs that changed. It can be a change in your ex-spouse’s health. It could mean a change in living expenses.
- Changes in the payor’s ability to pay. The recipient’s financial conditions can change. That change can also befall the payor. This can be triggered by job loss. It can be a good thing like a promotion. A change like those mentioned can justify modifications in spousal support. Spousal support is also called alimony.
- New information was not available at the time of the divorce. A new set of information can come to light. Information was not available during the divorce. Such information should be compelling enough. It would have resulted in a different ruling if presented during the divorce.
Enforcement of Court Orders.
Your spouse is making a career out of annoying you. Annoy you during the divorce. Now your ex-spouse is finding new ways to do it post-divorce. What better way to do that than by circumventing the judgment of divorce? Your spouse can try excuses to stop paying support. Mess up parenting schedule. Delaying the transfer of properties as mandated by the property division provisions. You have legal remedies. Find a way to work with your attorney to exercise those remedies. Do your own circumventing inconveniences your ex-spouse throws at you. The court has an arsenal of tools to enforce court orders.
- Wage garnishment. The court can do enforcement through the Friends of the Court or FOC. The FOC can garnish an ex-spouse’s wages if they fail to abide by the court’s order. This action means that a portion of an ex-spouse’s paycheck is withheld. It is sent directly to you.
- Income withholding. The FOC can withhold income from an ex-spouse. Your ex-spouse won’t be paying directly to you. Your ex-spouse will be sending alimony to FOC. You can continue receiving alimony but this time through the FOC.
- Jail time. The court can order your ex-spouse to serve time in jail for failing to pay alimony. Courts resort to this if your ex-spouse has shown a history of non-compliance. Your spouse’s non-payment may be causing serious harm to you. This can also force the court to order jail time.
Property Division Disputes.
Property division should have been settled with a judgment of divorce. Parties may have different ways of understanding the provisions of property division. The letter of the provisions of the judgment of divorce is now in dispute. One party can question the valuation of assets. Some are about hidden assets recently discovered. Others may be about the slow pace of the transfers. It can be a test of patience that can end with one petitioning for enforcement. One party pushing for contempt charges. There are repercussions for unresolved property division disputes. A dispute on property division can drag on for years. It will be costly for both parties. It is an added stress compromising your ability to move on.
Mediation and Alternative Dispute Resolution.
You may have to embrace the reality that disputes are part of managing post-judgment. Embracing it means finding a way to deal with issues. You can take advantage of alternative dispute resolution approaches. There are several the court can suggest. Your attorney may have already mentioned these options. These approaches provide an opportunity for both parties to engage in open discussions. The discussions are often handled by a neutral third party. These professional third parties can be effective in finding agreeable solutions. They can reduce conflict. More than anything they can avoid lengthy court battles. It can be an option you can take to lessen your total legal costs. Take the following tips if you opt for an alternative dispute resolution.
- Be prepared. Make this option work by being prepared. Gather all relevant documents subject to discussion. These documents should be supporting your position in the negotiation.
- Be open-minded. You can’t be closing your mind to ideas in the ADR process. Listening can be a problem if you do. The whole point of ADR is to reach an agreeable solution. Be willing to compromise.
- Be respectful. Being respectful lubricates the negotiation process. Makes it easier to move forward with the discussions. Be respectful of the process. Respect the mediator or arbitrator.
Post-judgment issues are common. You should be realizing it by now. These issues can present legal challenges. These challenges are not insurmountable. There are available solutions to them. Ask for help. You can’t do this alone. You need someone to help you cope with the challenges. You need an advocate to protect your rights.
How can your attorney help you in Post-Judgment Divorce?
Are we there yet? When you pose that question one last time, you get a copy of the judgment of divorce. It was over. So it seems. The final judgment of divorce brings closure to the formal proceedings of the court. It seems to be the end of your ordeal. The underlying issues of divorce often remain unresolved. It resurfaces during the post-judgment phase. It triggers a renewed discontent with the status quo. It brings up new conflicts. It fuels a new set of filings starting a whole process of legal action. What can your attorney do for you in the post-judgment phase of your divorce?
Legal Expertise and Guidance.
Post-judgment matters are complex. It needs a deep understanding of family law. Get a family law attorney. Bring in a comprehensive knowledge of relevant statutes. Your attorney knows case precedents and legal procedures. An experienced attorney can explain your rights and options. You can make well-informed decisions culled from your attorney’s expertise.
Communication and Negotiation.
Effective communication is essential when addressing modifications and enforcement. Your attorney acts as your advocate. Represents your interests. Your attorney communicates on your behalf. Negotiates for you in child support alimony, and property division. You need to develop a strategy for resolving disputes. Your attorney can help you with the approaches to achieve this.
Modification of Court Orders.
There are many pressing matters you have to deal with post-judgment in a divorce. You have to deal with custody and support. There’s a lot of jurisprudence to deal with in modifying any of these pressing matters. Each matter is uniquely complex on its own. The legal process is complicated. Each matter has its own nuances. You need a good attorney to help you navigate through all that complexities. In each subject matter, you need to present a compelling argument for modification.
Enforcement of Court Orders.
When an ex-spouse fails to abide by the court orders, this becomes a challenge for enforcement. An attorney can assist with the filing of motions for enforcement. You have the option to seek contempt charges. This will mean gathering evidence. Preparing documents for submission. Representing you in the show-cause hearings. An attorney increases successful outcomes.
Alternative Dispute Resolution.
You have the choice to resolve conflicts through ADR. Your lawyer must be aware of what it can accomplish for you. They can suggest the top experts in your neighborhood. You can comprehend the implications of ADRs with the help of your attorney. Aid in getting you ready for the procedure. Assist you in controlling your outcomes. Some of the ADR experts may have collaborated with your attorney in the past. ADRs are a less expensive option for litigation. More than 90% of divorces do not end in court. They are resolved by parties on their own. ADRs do not involve the same level of legal fees as a court case. ADR does not follow procedural formalities. The pacing is determined more by the parties involved. Parties can choose to do it faster if it serves their interest. There is a possibility parties will fail to come up with an agreement acceptable to all. ADRs can be emotionally draining. Parties may have to relive the conflicts they went through.
Litigation and Court Representation.
ADRs are good alternatives to resolve an impasse in the negotiation. A very spiteful spouse may not go along with ADR sessions. Obstinance has a way of railroading mediation. At times, litigation may be the only way to go. The process will be tedious. It can drag on for years. The cost will be proportionately higher the longer the proceedings drag on. Most divorce cases are not resolved by the court. Most often the judgment of divorce is a result of mutual agreements between parties assisted by lawyers.
Your attorney may not be the friend you would hope for. They’re not therapists but they can help you navigate the post-judgment phase of the divorce. Your attorney can advise you on your rights and options. They are your advocates. They can represent you in court. Be your voice in negotiating modifications. The really good ones can talk to your ex-spouse to resolve disputes without going to court. When the going can really be tough, the really special attorneys can be your source of emotional support. This is the kind of emotional support you can expect from a coach.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.
At Goldman & Associates Law Firm there’s always a sympathetic ear ready to listen.
Book your complimentary case evaluation with our leading attorneys.
(248) 590-6600 CALL/TEXT if you need legal assistance.