Modification and Enforcement of Parenting, Alimony and Child Support
(Post Judgment Proceedings or Actions)
This is often referred to as a Post Judgment action or matter. This simply means that a Judgment of some type has been entered (e.g. Final Judgment of Divorce, Final Judgment of Paternity, etc.). Even though going back to Court is the last thing you may want to do after your original family law case is over, circumstances sometimes change and you are in need of a modification or you may have to enforce a Judgment so that the other parent resumes complying.
Your reasons for pursuing a modification or enforcement may vary from any of the following: you may have lost your job; had a pay-cut; one of your children has moved-out or moved to the other parent’s house; the other parent may have received a pay raise; or maybe he/she is not letting you see your children.
For a modification of parenting or child support, you must establish that there has been a substantial change in circumstances, which is permanent in nature, involuntary and it was unforeseeable (you could not have anticipated the change) at the time the Final Judgment was entered. Our lives change, children get older and sometimes our careers require changes at home. These changes can result in financial changes or possibly Parenting or Time Sharing changes, which should be addressed through your court case.
For enforcement of a Final Judgment or Settlement Agreement, it could be anything the other party or parent is supposed to be doing, but he/she is either not doing it or refusing (noncompliance). Whether you are being denied Parenting time with your child(ren), not receiving your Child Support or Alimony, the house has not been refinanced or sold as agreed or ordered, or the other party has not paid you what was due from splitting-up your assets, liabilities and personal property. No matter what the case, if it has been Ordered in the Final Judgment or it is in the Settlement Agreement and the other party/person is not complying, the Simmons Law Firm is ready to help enforce and secure your legal rights.