Halligan LLC works long and hard with our clients to finally hear the words, “The divorce is final,” or, in the case of non-married parents, “The APR is final.”
It’s usually a great day, but it doesn’t mean there will not be changes going forward. The divorce decree happens in a single snapshot of time. It is set to address things as they stand the day it is signed by the judge. Things change. People change. The economy changes ...
... sometimes an ex may make choices that – intentionally or not - negatively affect others.
Any of these could have an effect on the conditions and orders of the divorce decree. Thankfully, there are options available to adjust judgements, orders, decisions, and agreements.
If you’re lucky, you’ll never need any of these tools ... but if you do, we’re here to help.
Motion to Modify
A Motion to Modify is exactly what it sounds like, a request that the court change some element(s) of a divorce decree. You may need a modification of maintenance or child support, for example, if you lose a job, get a new job, or experience a significant life change. A Motion to Modify may also be used to adjust the terms of a parenting plan or custody agreement to more accurately reflect your child’s needs (and, perhaps, wishes) as they grow older.
Motion for Contempt
When your former spouse (or another party) refuses to follow a court order(s), a Motion for Contempt may be needed to correct the situation. Your ex may face some penalties, but the end result is to put you back to where you would have been had your former spouse done what they were supposed to do.
It’s important to understand that even though the final divorce decree has been signed and entered into the record, you still have recourse when something changes to such an extent that you and your family are significantly impacted.
It is, however, important that you contact us as soon as you can. Not acting as soon as you can be seen as acquiescence.
Call us and we’ll review all your options with you.