San Bernardino Divorce Disputes Attorney
In most civil cases, once a judgment is entered into the record, the only option for altering the result is an appeal. In family law, post-judgment motions allow subjects of a family court order to adjust their agreements to reflect recent changes in their lifestyles, major life events, or the bad behavior of one or more parties held under the agreement.
At the Law Offices of Schwartz & Godbey, our team understands that your life is going to change in unpredictable ways, and the family court order that you must currently follow may not accurately reflect your needs and lifestyle after a few years. It’s also common for divorced individuals to return to family court over post-divorce disputes, such as one of the spouse’s failure to pay alimony or child support. When these things happen, you need legal guidance for revisiting your divorce agreement. Our team can help.
Why Choose Attorney Schwartz?
Attorney Catherine A. Schwartz offers clients more than 30 years of professional legal experience and a dedicated team of legal professionals who have successfully handled many post-divorce disputes in the past. We understand that divorce is an emotional matter and strive to provide compassionate, individualized legal counsel as we help you weigh your options in a post-divorce dispute.
Whether you need to adjust your divorce decree, your ex-spouse has filed a motion to do the same, or your ex-spouse has violated the terms of your decree, we can help you navigate the post-divorce dispute proceedings to follow. As your San Bernardino divorce attorney, Catherine Schwartz and her team will provide responsive communication as we help you resolve your post-divorce dispute.
Common Types of Post-Divorce Disputes
Even if your divorce decree is thoroughly detailed, you and your ex can encounter many different issues that render elements of your divorce agreement ineffective or overwhelming. It is also possible for your ex to violate the terms of your divorce agreement, and you will need to hold them accountable. There are generally two varieties of post-divorce disputes. The first are post-judgment motions brought in good faith when one party needs a reasonable adjustment to the terms of the divorce agreement. The second are disputes resulting from one party’s violation of their divorce agreement obligations.
Some of the reasons people file post-judgment motions include:
- Changes in income. If one spouse is required to pay alimony or child support based on their income and lose their job, they may need to file a post-judgment motion to have their support obligations adjusted or reduced.
- New medical issues. A divorced parent of a child who develops a new medical issue might need to file a post-judgement motion. They would do this to secure additional support from the child’s co-parent or adjust their custody and/or visitation agreement to ensure the child can easily receive necessary medical treatment.
- Necessary adjustments to support. If one spouse receives alimony or spousal support based on their income and medical needs and then develops a new medical condition or disability that interferes with their ability to live independently, this may form grounds for a post-judgment motion.
These are only a few possible examples of post-judgment motions that can be filed almost any time after a divorce decree is issued. On the other hand, post-divorce disputes typically arise when one party violates the terms of a divorce agreement. Some such violations may even lead to criminal penalties depending on the nature of the bad behavior.
When to Initiate Post-Divorce Dispute Proceedings
Your San Bernardino divorce lawyer is your best resource if you are unsure whether you should file a post-divorce motion. Many possible situations could compel you to take legal action with a post-divorce dispute:
- Your ex-spouse has refused to pay court-ordered alimony or has not made timely and complete payments. In this situation, a post-divorce dispute could result in an adjusted alimony payment plan and backpay for what the recipient should have received.
- Your ex has not paid child support or has failed to pay child support as directed in your divorce decree. This is a serious matter, and the California family court system has a duty to ensure the best interests of your children. Unpaid child support could lead to wage garnishment and other penalties for the paying parent.
- Your ex receives alimony but has committed a terminating action, such as cohabitating with a new partner. If you have an alimony or spousal support agreement with your ex, pay attention to the details. It is essential to understand the terms of the agreement, including which actions would nullify your obligation to continue paying alimony.
If you have experienced anything like these situations and believe you have grounds to revisit your divorce decree, your San Bernardino divorce attorney will be a helpful asset as you initiate your post-divorce dispute proceedings.
How Can an Attorney Help?
Any party held under a divorce decree may file a post-judgment motion with the court, and the court will then, in turn, serve the post-divorce dispute documents to the other party. A San Bernardino divorce attorney can help you file your post-judgment motion or determine the best way to respond to a motion filed by your ex. After a response to the motion is filed by the respondent, the parties will have a hearing date set and explore settlement as they wait for their hearing. It’s not uncommon for divorced couples to negotiate or mediate their post-divorce disputes and notify their judges that they have reached mutual terms. Your San Bernardino divorce lawyer can help you settle your post-divorce dispute quickly or take the matter to court if you and your ex cannot reach terms.
The right attorney can help you build a solid case, whether you are filing a post-divorce dispute or responding to one filed by your ex. At the Law Offices of Schwartz & Godbey, our goal is to help you resolve your post-divorce dispute as quickly and effectively as possible so you can move forward with great confidence and peace of mind. If you have specific questions about a potential post-divorce dispute and need to speak with an experienced and reliable San Bernardino divorce attorney, contact the Law Offices of Schwartz & Godbey today and schedule a complimentary evaluation with our team.
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