Settling Post-Judgment Issues in Maine
When the court makes a ruling in a divorce or parental rights and responsibilities case, it issues an order that spells out the terms of the court's decision. This can include child support or spousal support payments, visitation scheduling and instructions for dividing property. Sometimes issues regarding these topics can still arise, even after an order has been granted. These situations are often referred to as post-judgment issues.
A post-judgment issue usually involves one party failing to abide by the stipulations set out in the existing order. This can include the following:
- Failure to pay spousal support
- Failure to pay child support
- Failure to obey the child visitation schedule
- A significant change in the living situation of one party
When facing a post-judgment issue, an individual has several options for handling it. For more information on these options, contact WTB Law today. A Maine family law attorney can help you deal with any type of post-judgment issue that you are facing.
Options for Post-Divorce Disputes in Maine
When any type of conflict arises regarding a divorce or parental rights and responsibilities order, the first step should be for parties to attempt to reach an agreement on their own. Even after a divorce is finalized, parties should attempt to resolve their issues amicably before they turn to litigation. Not only is this method faster and more cost effective, the results are usually more agreeable to both parties. If a compromise cannot be reached, other options include:
Motion to Modify – Either party can file a motion with the court to modify an existing order at any time. Often, this occurs when one party experiences a significant change in their living situation that calls for an increase in support received, a decrease in support payments, the need to relocate with the minor child, etc.
Motion to Enforce – When one party does not follow an order, the other party can file a motion to enforce. This process will require a hearing during which evidence can be presented showing the other party's lack of compliance. The court can then issue an order to that party forcing them to abide by the terms of the order.
Motion for Contempt – When one party does not follow the terms of a divorce or parental rights and responsibilities order, the other party can seek to have a court hold them in contempt. This is considered the most drastic action that can be taken in response to a post judgment issue. In many cases, a motion for contempt should not be granted unless a motion to enforce has already been filed and failed to produce results.
Maine Post Judgment Dispute Attorney
Deciding how to handle a post judgment dispute can be a source of confusion and stress for many people. A divorce attorney can help you decide what option is best for your situation. Call WTB Law now to get started.