It is no secret that court proceedings can be long and daunting. You may think that once the judgment is finally entered, that is the end of it. However, that is not always the case. In some situations, changes must be made after a child custody or divorce judgment has been entered. In others, you may need to return to court because the other party is failing to comply with the terms that were ordered. Situations like this are known as post-judgment litigation. In this post, we will try to answer all of your questions about it.
- What can I do if my ex-spouse is not paying the court-ordered alimony?
If the divorce agreement that was ordered by the court required your ex-spouse to pay you alimony, and they have failed to do so in compliance with the terms, they can be held in contempt of court. It is a good idea to talk to a lawyer to determine your options. Your lawyer can file a motion with the court and your ex can face legal consequences if they continue to act in opposition of the order.
- Can I get more alimony than was ordered?
It is possible that you may be able to return to court to increase the amount of alimony that was originally ordered. This is the case if there has been a significant change in circumstances since the original order was made. For instance, if your financial needs have significantly increased for an unforeseeable and valid reason, such as a chronic illness progressing, it may be appropriate to request an increase in alimony so that the amount will meet your current needs. Additionally, if you learn that your spouse was concealing income or assets to reduce the amount of alimony owed, this can provide grounds for post-judgment litigation as well.
- Can the amount of child support that was ordered be increased?
Yes, it is possible that the amount of child support that the non-custodial parent was ordered to pay can be increased in certain cases. Child support is calculated based on the amount of income that the non-custodial parent makes as well as on the needs of the child. If the non-custodial parent’s income increases significantly, this can be grounds to request a higher amount. Additionally, if the needs of the child have increased or changed significantly, this can also be a valid reason for requesting a post-judgment modification. Just be prepared to demonstrate this change in financial need.
- What can I do if my ex is not paying their court-ordered child support?
If your ex is not paying their child support in compliance with the court order, it is a good idea to talk to a lawyer. Your lawyer can give you an idea of your options, which include bringing them back to court. The court may compel them to act in accordance with the terms of the agreement or hold them in contempt for failing to comply.
- Can I take my ex to court for failing to comply with the visitation agreement?
When the court puts a custody and visitation agreement into effect, both parties are legally required to comply with it. If your co-parent is failing to adhere to the terms of the agreement, such as by missing visitation appointments or not returning the children at the agreed-upon times, you can return to court to enforce the possession order. It is a good idea to consult with a lawyer in this situation, as it may also give you grounds to amend the existing agreement, in addition to potential legal consequences for your ex. In addition, if the noncustodial parent rarely has the children, it might be grounds to increase child support.
- Can a prior settlement agreement be modified?
Yes. While a settlement may seem final, it is possible to modify it in certain circumstances. For instance, if one party is unable to pay or new information comes to light that makes the settlement deeply unfair. Additionally, if one of the parties has experienced an unforeseeable, involuntary, and permanent change in circumstances, this can also provide grounds for modifying a settlement agreement even after it has been made. If you believe your settlement amount should be amended it is a good idea to consult with an attorney who can review the facts of your case.
- What can I do if I have not been paid my judgment amount?
If the court ruled in your favor and awarded you a specific sum of money that the other party has failed to pay, it is important to talk to your lawyer. Your lawyer may advise that you return to court to try and collect the judgment by compelling payment. If the other party does not have just cause for the delay they can be held in contempt of court and face other legal consequences.
- Can I collect lawyer’s fees from the other party?
If you bring a lawsuit and are successful, there are many cases in which you will be entitled to collect attorney’s fees from the other party. This is done by returning to court after the initial judgment was made. In post-judgment litigation, your attorneys can essentially sue the other party to collect reasonable legal fees.
- Can I make changes to a court-ordered parenting plan?
Parenting plans are quite complex and it is important to adhere to their terms, however, they can be altered if necessary. When determining whether to grant changes to an existing parenting plan the court will consider whether the changes are in the best interest of the child. In making this decision, the court will consider factors including whether the changes will allow the child to maintain stability and connections with both parents (unless a reason is presented that maintaining a connection with one parent is not in the child’s best interest).
- What can I do if I find out my spouse was concealing assets during our divorce?
If you learn that your spouse was concealing assets or income during your divorce, it is important to talk to your attorney as soon as possible. Concealment of assets likely means that you did not receive an equitable distribution of your community property. This can necessitate returning to court to modify the original settlement amount.
Contact the Covington Law Firm in Richmond, Texas If you are in need of post-judgment litigation assistance, the Covington Law Firm is ready to fight for you. Contact the Covington Law Firm, in Richmond, Texas, to schedule a consultation today.
