Just because a divorce has become final, does not mean that it is necessarily all over. Often, two different types of issues arise that cause the parties to have to go back to court.

First, one party may not comply with all of the orders of the court from the original divorce decree. The party may fail to pay alimony or child support, or may fail to comply with orders concerning visitation with the child or children. If the other party has failed to meet his or her obligations, you have the right to go to court to force the other party to comply. If child support or alimony has not been paid, then we can get an order that the amount be deducted directly from the other party’s pay check. If an arrearage has accrued, then we can get an additional amount deducted from the paycheck to pay the arrearage. Most often, we can find a way to get an order to force compliance with the original divorce decree.

Second, sometimes things change after a divorce has occurred, and its no longer appropriate to maintain the original orders. When you have a substantial change in circumstances, the Court will entertain a motion for modification. For instance, sometimes a person who must pay child support or alimony has a legitimate reduction in income. This person might have lost his job, or his business may have suffered a substantial downturn. Alternatively, one party might have received a substantial increase in income. Note, that sometimes an original divorce judgment may preclude a modification in which case the Court will most often not modify the judgment.

Post judgment motions require a strict attention to the courts procedures and the case law concerning the particular motion. Attorney Kevin Hoffkins is extremely experienced at presenting and winning these post judgment motions.