What is Post-Decree Litigation?
Post-Decree Litigation occurs when one or both of the parties wish to make modifications to, or eliminate, an existing court order. Not all decrees are modifiable. Property settlements, for example, generally cannot be changed, but all orders regarding child support or the allocation of parental rights and responsibilities are always modifiable.
The most common Post-Decree matters include:
Child Support Modification
Child Support Modification is the most typical post-decree litigation. Some of the reasons a party may seek modification are:
- Decrease or increase in earnings
- Loss of job
- Parental disability
- Changes in child care arrangements or needs
- Change in the parenting schedule
The parent seeking modification holds the burden of proof. The change in circumstances must result in a minimum 10% change in the child support amount in order for the court to modify the order.
Spousal Support Modification
Spousal Support Awards are not always subject to modification. The language used in the separation agreement or dissolution/divorce decree determines whether or not your particular situation allows for modification. The most common reason for requesting this modification is when the paying spouse wishes to terminate spousal support based on the ex-spouse cohabiting in another relationship.
Modification of Parental Rights and
Responsibilities
In the event that a substantial change of circumstances has occurred, a request may be made for a modification of parental rights and responsibilities. Once the party has proven a substantial change of circumstances since the last order was made, the court will evaluate if the modification is in the child's best interest.
Relocation
When the custodial parent or one of the parents in a shared parenting situation desires to move out of the court's jurisdiction, the court is often called upon to determine if the current custodial arrangement is in the child's best interest. This decision involves many factors including:
- Distance
- Relationships between parents and child
- Who has served as primary parent
- Reason for move
- Parenting history
- Proximity of extended family
- New community
Contempt Proceedings
When one party is not complying with a court order a charge of contempt may be brought against them. These charges may include:
- Failure to pay support, uninsured medicals, tuition or other related items
- Failure to transfer assets or titles to assets
- Denial of parenting time
Someone found guilty of contempt of court is subject to jail sentences and fines and are usually required to pay the other party's attorneys fees.
