Post Judgment Modifications/Enforcement

Frequently Asked Questions

In hindsight I am unhappy with the property settlement I agreed to.  Can I go back to court to modify the Judgment?
No.  Divorce property settlements, once agreed to by the parties, are not subject to any post judgment modifications.  The only exception is if your spouse had hidden assets that you were unaware of at the time you agreed to the settlement.  The other exceptions are if you were suffering from duress, severe mental illness, if your spouse perpetrated a fraud on the court or if there was a mutual mistake of fact by the parties. All of these are generally very difficult to prove.

Do I need an attorney to file post judgment motion?
Not necessarily.  Depending upon the county, the Friend of the Court office can assist you in most matters involving collecting delinquent child support, delinquent spousal support, enforcement of parenting time and payment of medical/childcare expenses.  However, for these and most other matters, it is normally better to retain your own attorney since the Friend of the Court has limited resources, is overloaded with cases and cannot vigorously and diligently represent your interest as your own attorney could.

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It is estimated that up to 30% of all family law matters brought to court involve post judgment modifications and enforcement procedures.  It is very common for issues to arise involving the original Judgment due to life changes.  After your divorce, the court retains control over you case to make sure that you have the remedy of returning if the need arises.  These cases are call “post judgment motions” and are initiated by filing a written motion, legal brief, supporting exhibits, scheduling the matter for hearing before the original judge (or his/her successor) and paying the court a $20.00 motion fee.  These motions typically involve the following subjects:

• Change of custody.
  
• Modification/enforcement of parenting time.
  
• Modifying child support.
  
• Modifying alimony.
  
• Enforcement of payment of medical/child care expenses.
  
• Transfer of property/assets ordered by the Judgment.
  
• Payment of marital obligations ordered by the Judgment.
  
• Change of domicile of minor children.
  
• Enforcement of child support/spousal support.