Even after a Decree in Divorce has issued, there may still be some legal issues facing each party. Divorce is only the beginning of life-long changes that can take some time to fully resolve. Some common post-divorce legal issues that need to be confronted include:
- Modifying or terminating alimony: Many agreements provide for circumstances in which alimony can be modified or terminated.
- Modifying or terminating child support: Like alimony, child support may be modified, either upwards or downwards, by either parent if they can demonstrate a substantial change in financial circumstances. What constitutes a sufficient change in circumstances will vary from case to case. Some examples of changed circumstances are: a change in the child’s age resulting in an increased need for child support; a change in one parent’s employment situation; one parent’s receipt of a large inheritance; the emancipation of a child or changes in physical custody of the child.
- Moving to a different state: Moving can affect issues like child custody or visitation. Prior to any move, it always best to consult with an attorney.
- Unresolved property issues: Property distribution can take a long time to fully resolve. Sometimes, an item of property may be overlooked or was not disclosed and as such, the parties may need to review their legal options.
- Contempt issues: Sometimes a party to a divorce is not complying with its various obligations, such as payment of alimony or child support, complying with a custody order, dividing assets or maintaining medical insurance. In those circumstances it may be appropriate to file a petition for contempt against your former spouse to compel compliance with the agreement.
- Issues with estates: How property is meant to be distributed in the event of the death of one of the spouses may need to be revisited after divorce. Wills and trusts may have once expressed the wishes of the parties, but may need to be updated to ensure these devices represent their current desires. Further, many agreements provide for the maintenance of life insurance for a period of time.
- Remarriage: Legal effects of remarriage can affect child support, child visitation, and inheritance through a will.
Unfortunately, circumstances in life can change unexpectedly at any moment. If issues occur after the court enters the order, it is possible to seek a modification or enforcement with the assistance of a High Swartz family law attorney.