The divorce process is not necessarily over once the papers are signed and the order is granted. An ex-spouse might not abide by the children’s custody schedule or pay child support on time. Marital property that was meant to transfer to one person may not have been given yet. One of the parties might have recently lost their job despite being ordered to pay spousal support.
Resolving certain issues after a divorce may be challenging without the assistance of a skilled divorce attorney. In New York, there are several ways to address these problems, including contempt of court, enforcement actions, and even incarceration of non-compliant spouses. A Saratoga Springs post-divorce disputes lawyer could go over your specific concerns and recommend the best option for your case.
Even the most comprehensive marital settlement agreement might not prevent disputes from arising after the divorce. There are several areas where post-divorce resolution may become necessary.
As children grow and become more involved in school and extracurricular activities, the schedule set for them in the divorce decree may no longer work, resulting in a need to modify custody. Alternatively, one parent may not be complying with the court-ordered schedule by failing to pick up the children on time.
A child could start struggling in school and require individual tutoring, or develop a medical condition that was not present at the time of the divorce. Both parents may be required to pay certain educational and medical expenses for their children. If the parties do not agree on how to split these expenses, court intervention may be needed. If the non-custodial parent is not paying the court-ordered child support, or one is refusing to contribute to college expenses, a lawyer in the area who is experienced in post-divorce disputes could explain the various legal remedies.
In the divorce, one spouse may have been ordered to pay spousal support but later lost their job. Depending on the type of support initially ordered by the court, that spouse may seek a reduction or termination of the alimony obligation.
As part of the divorce settlement, each spouse was to receive certain marital assets, such as a portion of the proceeds of the family home sale. However, one spouse might refuse to cooperate with the court order to sell the house.
Despite being ordered to do so in the divorce decree, one spouse might not be paying certain joint debts, while the other is being harassed by creditors and suffering damage to their credit report.
In each of these circumstances, a post-divorce disputes attorney in Saratoga Springs could advise a party of the legal process to either modify an existing term of the divorce or secure the other party’s compliance.
Filing for a modification of the divorce decree is an option if changing some of the terms of the divorce would suit the children’s needs better. It could also be used to accommodate a change in income for the party paying alimony.
If one party is not complying with a divorce term (such as failing to pay child support or refusing to cooperate in the sale of marital assets), the other party may ask the court to enforce the settlement agreement or hold the non-compliant spouse in contempt. This could be accomplished with the aid of a local post-divorce dispute attorney.
There are several actions a court could then take, including the following:
If you and your former spouse are involved in a legal dispute, there may be several solutions. A Saratoga Springs post-divorce disputes lawyer at our firm could provide you with the guidance you need to achieve a positive resolution to your conflict. Call today to discuss what could be possible in your case.
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