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How are post-judgment modifications made?
Post judgment modifications can be made after a divorce has already been finalized. During the divorce process, couples can make decisions on their marital issues or have a judge do so for them. This can allow them to carry on with their lives separately. However, sometimes these cases need to be revisited. When a change occurs in a spouse’s life, it may affect a marital issue that has a resolution. This can cause a spouse to bring the case to court again. In court, a judge can preside over the case and make a final judgment on the matter. This means that the terms of your divorce can change. These terms include the marital issues that were decided on, such as child custody arrangements, child support and alimony. With these marital issues, there should be room for changes since circumstances can arise in the future that warrant a need for one. If spouses see the need for a change to their original agreement, they can file a motion with the court to allow the case to enter into litigation.
Can my spouse be penalized for not following custody orders?
When a spouse does not cooperate with an agreed upon custody arrangement, they can be held accountable for their actions. They should be following along with the plan that you have made in mediation or the plan a judge outlined for you. If they are not, you can file a motion with the court to bring your spouse to court. In court, a judge can listen to your case and provide an outcome on the matter that may include a modification. Your spouse may be found in contempt of court for failing to follow a court-mandated agreement. By failing to follow a court-mandated agreement that is legally binding for them, they may be penalized. This can jeopardize their custody of the children. For these cases, a child’s best interests should be the first thing in mind. When bringing these cases to court, it is best to consider how this can affect the child. The custody arrangement should reflect what is best for the child.
Matters of divorce and family law require the attention and skill of an experienced attorney who will fight for your future. If you need a divorce and family law attorney in Ocean County, New Jersey, contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.
