I Don’t Want To Go Back To Court, Do I Have To?
One of the dirty little secrets in family law litigation 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 litigated hundreds of divorces and post-decree matters offers you the best chance to avoid many of the pitfalls that cause ex-spouses to return 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 these loans are in joint name, one spouse may be required to return to Court to seek enforcement of the Decree regarding these matters 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 the Decree and/or Shared Parenting Plan was 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 (e.g. remarriage) and even changes in the lives of the minor children themselves can require updates to the Shared Parenting Plan.
With regard to child support and spousal support, a substantial increase or decrease in one spouse’s income can lead to a routine review and recalculation of support. On the other hand, in an all too common scenario, when one spouse is required to pay a percentage of bonuses and commissions as “additional” support, the spouse obligated to pay often fails to timely and completely disclose bonuses and commissions. In turn, the spouse who should have received the “additional” support is left with only one option, return to Court for disclosure a proper accounting of support payments.
Christopher M. Alexander realizes that clients continue to need legal assistance for post-decree modification and enforcement long after their divorces are finalized. When you need a skilled and experienced family law lawyer to fight for your goals, call Christopher M. Alexander at (513) 228 – 1100, mobile (513) 226 – 8489, or online at Chris@awklegal.com.