Post-Divorce Litigation and Modifying Court Orders

At our Stephen Penn law office we deal with post-divorce custody, child support and spousal support litigation issues in addition to many other family law issues.

Post-divorce judgment litigation takes place after the granting of a divorce, dissolution of marriage or legal separation.

Post-divorce judgment issues deal with the enforcement of judgments made in divorce proceedings. Sometimes one party determines that the other has violated a prior order of the court and files a motion to have the order enforced and the person punished. However, the majority of post-divorce Judgment issues involve children. Issues such as alimony (maintenance), child visitation and decision-making responsibility are often modified during the post-Judgment process.

In all divorces, dissolution or legal separation decrees in which there are minor children of the marriage, the court that issued the original decree retains jurisdiction over all matters pertaining to the children. This is referred to as the "continuing jurisdiction" of the court. If circumstances change from the time of the original spousal support award, it may be modified by a "post-Judgment" motion. This generally will happen if there has been a significant change in the income of one of the parties that was not foreseen at the time of the award.

At our law office Post-Decree Litigation is divided into these typical scenarios:

  • Enforcement of Orders - The Law Offices of Stephen W. Penn and Associates have the knowledge and skills necessary to enforce these obligations that include child and spousal support as well as child custody.
  • Modification of Custody Orders - Child custody and visitation orders are generally modifiable whenever the court finds a modification is "necessary or proper".
  • Modification of Spousal and Child Support - Child and spousal support orders are modifiable "at any time as the court deems necessary."
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