A post-decree modification is a part of a divorce. Divorces are complicated
enough, and both parties may take on a lot to try to get through the divorce as
quickly as possible. Even after the divorce has been processed through the court
system, it isn’t final yet. This is where a post-decree modification comes into play.
Continue reading to learn more about what this means and how they work.
What Is a Post-Decree Modification?
A post-decree modification or post-decree motion is filed once a divorced couple
participates in post-decree litigation for various reasons. This basically means
that both parties are unable to agree about certain issues after the final divorce
decree has been granted. This results in both parties having to go back to court
to settle the issues at hand.
Most of the time, these issues are brought up because one of the parties
believes that the other party is clearly violating a court order associated with their
divorce. For instance, one party may be held responsible for paying alimony or
child support but doesn’t abide by those orders. Another example would be if one
of the parties challenges the settlement given after the divorce decree because
the other party is hiding information regarding their finances. These finances
were never brought up during the divorce.
Both parties have the legal right to come to a solution to these issues on their
own. However, many times this isn’t always possible. The other party has the
right to file a motion for contempt, asking the court to impose the earliest order.
Issues Related to a Post-Decree Motion
Visitation arrangements, custody, and child support are often among the most
common issues that initiate a post-decree motion. This may be due to many
different things, such as one or both parties remarrying, one or both parties
moving to a new location, a big change in one of the party’s financial situations or
living conditions, or the financial obligations of the child.
There are times when the parenting plan that was once put into place is no
longer working for one or both parents, and changes may be necessary. Other
times, parental responsibilities change, or a shift in the child’s school, health
care, or other related issues come about. It is also possible that one of the
parents may attempt to keep their child from the other parent. These are all
grounds for one party or the other to file for a post-decree modification.
The judge will look through all the information in the case to determine whether
either party is trying to avoid being held responsible for paying alimony or if any
requested revisions are permissible. The purpose of such a motion is to
ultimately make changes to a final divorce decree that can work for both parents
and the needs of their children.
Categorised in: Divorce Lawyers