Post-Decree Modification and Enforcement of Court Orders
One of the dirty little secrets in family law is that some cases, no matter how hard you try to avoid it, are never actually final until the real estate sells, the retirement accounts are divided, the stock options vest, the children emancipate and the last spousal support payment is received. Retaining an attorney who has more than 20 years of family law litigation experience offers you the best chance to avoid many of the pitfalls that cause ex-spouses to return to Court.
When you need legal representation for post-decree modification or enforcement of family law court orders, you need a skilled and experienced family law lawyer, call Christopher M. Alexander at (513) 228 – 1100, mobile (513) 226 – 8489, or email him at Chris@awklegal.com.
Why Would I Ever Go Back to Court?
In many divorce and dissolution cases, one spouse will need a reasonable amount of time to refinance a mortgage on real estate, pay off a vehicle loan and even satisfy marital debt. If the loans or debts are in joint name, one spouse may be required to return to Court to seek enforcement of the Decree and in some instances, even request that their ex-spouse be held in contempt of court for failing to comply with a court order.
Parenting issues can also come up years after a Shared Parenting Plan was initially adopted and filed. In many instances, the reason to seek court intervention may not involve wrongdoing on behalf of either parent. Instead, common life changes such as job transfers, relocation of a parent, remarriage and even changes in the lives of the minor children themselves can require updates to your Shared Parenting Plan.
With regard to child support and spousal support, a substantial increase or decrease in one parent or ex-spouse's income can lead to a routine review and recalculation of support. In contentious cases with tiered support payments, one ex-spouse may be required to pay a percentage of bonuses and/or commissions to the other spouse as additional or tiered support for a number of years after the marriage. Occasionally, the ex-spouse who is obligated to pay additional or tiered support will deliberately fail to timely and completely disclose their bonuses and/or commissions with the intention of not making the required support payment. In these instances, the ex-spouse who should have received the additional support payment is left with only one option, return to Court to ensure thorough disclosure of information and for a proper accounting of support payments.
Will I get Reimbursed for Attorney Fees for
Post Decree Modification or Enforcement?
The Court is permitted to award attorney fees and litigation expenses in connection with any post-decree motion or proceeding that arises out of an action for divorce or dissolution if the Court finds doing so to be equitable. In making its determination, the Court may consider the parties' income, the conduct of the parties that led to the matter being filed and any other relevant factors the Court deems appropriate.
Christopher M. Alexander provides legal representation for post-decree modification and enforcement. When you need a skilled and experienced family law lawyer to pursue your post-decree modification or enforcement issues, call Christopher M. Alexander at (513) 228 – 1100, mobile (513) 226 – 8489, or email him at Chris@awklegal.com.
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