What You Should Know About Post-Divorce Judgment Issues

Schaumburg Divorce AttornehyAfter a divorce has been settled, problems between the ex-spouses sometimes persist that can be handled by following proper legal procedures. Fortunately, some aspects of the dissolution of marriage agreement are modifiable, if the situation for either party has changed to the extent that it mandates the modification of the divorce decree. In most cases, post-divorce judgment issues arise due to child-related matters, such as parenting time and child support. If you file a petition in the court for modification, you need to prove that the circumstances have been significantly changed. Sometimes, a party may not comply with the terms of a settlement agreement and issues arise that can be addressed by working with a divorce attorney.

Failure to Comply with the Divorce Judgment

One of the biggest issues arising after a divorce settlement is the ex-spouse failing to follow the court order. In such a case, the party can end up in a civil contempt, which carries several kinds of punishments. In some cases, it can initial a legal procedure for enforcement of court order, leading to the suspension of driver’s license and a fine to be paid. In severe situations, the court can order substantial imprisonment if they find the at-fault party in criminal contempt.

Judges are often seen to issue a court order that requires the at-fault party to compensate for attorney’s fees of the other party. The logic behind this type of contempt actions is that the defendant knew their legal obligation and they still did not fulfill it, forcing the plaintiff to bring the action. The at-fault party may also have to pay all the interest in addition to covering such expenses.

Post-judgment cases arise because people disobey court orders all the time.  They usually have good reasons, like losing a job, but what they do not understand that they cannot unilaterally make decisions. They have the option to communicate their changed circumstances to the court so that they do not have to go through strict legal processes.

Other Issues Arising Post-Divorce Judgments

Aside from disobeying court orders, other post-judgment problems may include modification of divorce-decree due to changed circumstances. If you want to modify a court order, you must prove that your circumstance have undergone a material change since the judgment.

After a divorce, there is a high chance for your situation to change with time, especially in child-related matters. In such cases, you must show that your children are suffering from its effects and the judgment must be modified to ensure their best interests are met. Certain types of spousal support award can also be modified, such as rehabilitative, periodic, and permanent, based on the particular circumstances of both the receiver and payor.

If you are facing problems after your divorce has been finalized, you can take legal action against the other party to remedy your situation. This may include enforcement of judgments and divorce-decree modifications, among others. It is recommended that you work with an experienced divorce attorney who can help you with the case. Contact the Law Office of Fedor Kozlov, P.C. today at (847) 241-1299 to schedule a free initial consultation.

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