Fort Lee Post-Divorce Disputes Lawyer
With so many potentially contentious issues, it should come as no surprise that some disputes could last beyond the initial divorce proceedings. This is true for ongoing disputes as well as new complications that arise when a former spouse’s circumstances change. The disputes are called “post-judgment” disputes because they come after the Court entered its judgment of divorce.
If you are facing a post-judgment dispute, a divorce attorney can still provide invaluable guidance. In some cases, it can be possible to resolve these issues before filing in Court. Get in touch with a Fort Lee post-judgment dispute lawyer to get started.
Common Post-Judgment Disputes
While the law considers a judgment of divorce to be final, there are many reasons for a judge to revisit these orders. When the circumstances of one or both former spouses permanently change, it may warrant modifying the judgment. There could also be disputes about whether one spouse upheld their responsibilities to the other spouse under the terms of the judgment. A Fort Lee post-judgment dispute attorney can help resolve these issues.
Custody and Visitation
One of the most common disputes post-judgment involves custody of or visitation with a minor child. There are many ways that a parent or child’s circumstances could change that would warrant modifying the prior custody or visitation arrangement.
Disputes frequently arise regarding the division of marital property. In many cases, the act of dividing marital property is scheduled to occur after the divorce has been finalized. When one spouse fails to meet these obligations, it may be necessary to file an enforcement motion in Court.
Spousal support—also known as alimony—is a type of ongoing financial support from one spouse to another that lasts after the divorce is finalized. A common example of a post-judgment dispute arises when a spouse fails to make timely spousal support payments. Another common example is one party wishing to terminate the alimony they pay to the other party based on allegations that the party receiving alimony is cohabitating with a new romantic partner. Another common example is where the party who pays the alimony has an involuntary and permanent loss of income that results in them being unable to afford their current alimony obligation.
Common examples of post-judgment disputes involving child support include modifications to child support based on permanent and involuntary loss of income or the desire to declare an adult child emancipated to terminate child support.
How to Resolve a Post-Judgment Dispute
There are several different ways a Fort Lee post-judgment dispute attorney can help resolve these conflicts. The simplest method is for one spouse to seek an amicable agreement with the other spouse. In some cases, these disputes are based on misunderstandings that can be rectified. In other situations, a letter from an attorney could be enough to spur a spouse to meet their obligations under the law.
When negotiating with a spouse does not lead to a resolution, the next step could be to file a motion to enforce or modify the judgment of divorce. Both options could force the spouse to comply with the terms of the judgment of divorce.
The court could take different approaches to force a spouse to comply. They could order compliance and threaten monetary sanctions if they refuse. They could also award legal fees or even threaten the former spouse with incarceration if they fail to comply. Finally, judges frequently garnish the wages of non-compliant ex-spouses in order to satisfy the alimony or child support they owe.
Call a Fort Lee Post-Judgment Dispute Attorney Today
Unfortunately, the conclusion of a divorce proceeding is not always the end of the case itself. Many disputes can continue for months or even years. However, you do not have to deal with these situations on your own.
If you are dealing with a post-judgment dispute, now is the time to seek legal help. Contact a Fort Lee post-judgment dispute lawyer at our office today to learn more about how we can assist you.