Post-Judgment: do’s and don’t’s

November 19th, 2013

After parties reach a Judgment in their dissolution (divorce) either by trial or settlement agreement, they may not necessarily be done dealing with each other.

DO’s

Modification:  Parties may return to Court if circumstances change.  If a party’s salary changes and the parties cannot reach agreement on a new support amount, one party can file a post-Judgment Request for Order to modify support.  One party may want to move from the area and will file a Request for Order to modify the visitation schedule and/or custody.

Appeal:  A party that is unhappy with the Judgment can also appeal a decision if the party feels the Court erred in deciding the facts or applying the appropriate law.

Enforcement/Contempt:  If one party will not comply with the Court’s order, the other party can file a Request for Order to enforce the terms of the judgment (i.e. have the Court sign a legal document as an elisor) or ask for the party to be found in contempt (i.e. for failing to pay court ordered support).

Co-parenting or Support or Follow-up:  The parties need not return to Court.

  • Parties may have minor children that they will continue to co-parent.
  • One party may be ordered to pay the other child support or spousal support on a monthly basis.
  • Parties may need to sign subsequent legal documents (i.e. inter-spousal transfer deed) to comply with the Judgment and the division of the community property.

Be sure to talk to a qualified family law attorney if you have questions or concerns related to a post-judgment matter.

Don’t

Giving your ex- “the finger”:  The ex-husband in this story from Michigan likely did not speak to his attorney.  In California, he may not be violating the terms of his divorce judgment.  However, he may be violating California law against spite fences.  Whether legal or not, permanently giving your ex- “the finger” may not be the best way to fully extricate yourself from your ex-spouse’s life and allow you to get on with your own life.