It can be a relief for a person to finally be divorce from their spouse, particularly if they have been in a lengthy or contentious divorce proceeding. But, just because the divorce may be over, an ex-spouse can still have issues come up with their former spouse over certain post-divorce matters. These issues can involve important items such as custody, child support, and property division.
If the parties had children together, one of the parties might choose to file a modification of the prior divorce decree provisions dealing with things like custody, visitation, and child support. A significant change in circumstance of the parties or the children can cause these issues to come up again. Some of these changed circumstances include significant harm to the children, changes in visitation schedules, and increases or decreases in income.
Also to the child-related provisions, parties may not perform their obligations when it comes to post-divorce property issues. These can include payment of expenses like a mortgage or spousal support along with delivery of property such as a deed or a vehicle. Enforcing these property provisions is accomplished through a motion for enforcement of property division. At times, there are issues with the performance of property division ordered in a decree. If you discover issues with your divorce decree, bring the action sooner rather than later as some time limitations exist.
A parent can also bring an enforcement action for the previously mentioned child related provision when the other parent has refused to follow the court’s order on things such as visitation and payment of child support. In an enforcement action, a party can request relief such as contempt, fines, and attorney’s fees.
Sometimes you see parties back in court rather quickly over the items ordered in their divorce decree. Also, the parties might come in at some point to modify the prior orders of the court on child-related provisions. If you are concerned that something has changed since the entry of your divorce decree, you will need to contact an attorney to see the remedies you have available to you through legal action. The same is true if your ex-spouse has not performed all of their obligations under the decree.
