Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

East Brunswick Post-Divorce Disputes Lawyer

A divorce can be a difficult experience, but even after the final agreements, new disputes can appear. It is important to have an East Brunswick post-divorce disputes lawyer who can continue to work with you throughout the process. Contact an established divorce attorney who can help you protect your interests even after the divorce decree is in place.

Even though a judgment of divorce is final, new problems frequently arise. Post-judgment actions can include requests for modifications, which are actions seeking to change something about the divorce judgment, and actions for contempt, which seek to have the other party punished for failing to comply with the judgment.

Modifications to Divorce Agreements

In most cases, the court will allow a modification only if the spouse seeking it can demonstrate a material change in circumstances since the judgment. Family situations change constantly, especially with respect to money and children, but a court will only modify a judgment if the change is substantial.

In family law, the court will always try to determine the best interests of the children when making changes that affect them. Some kinds of spousal awards can be changed after a showing of material change in circumstances, usually concerning the earning capacity of one of the spouses.

What Happens if a Party is in Contempt of an Agreement?

If one spouse fails to comply with the divorce judgment, the court can hold that party in contempt. An individual held in civil contempt will generally have to pay a fine. But in a more extreme situation, the court can find the person in criminal contempt and order imprisonment.

A party held in contempt will often need to pay the attorneys’ fees of the other party. The idea is that the person knew what they were supposed to do, did not do it, and essentially forced the plaintiff to file the action and incur attorney fees.

Changing a Current Child Custody Agreement

Many couples establish joint custody of their children after a divorce. In other cases, one parent gets full custody while the other one gets some kind of visitation rights. In either case, spouses frequently return to court to try to get these arrangements changed.

Custody and visitation schedules vary greatly from one family to another; there is no standard approach. Sometimes after a year or two, one or more of the parties involved decide the arrangement they agreed to at the time of the divorce is no longer working.

How Can Child Support Disputes Arise?

Child support payments are also a contentious issue. If a person makes little to no money, they may still be directed by the court to pay a certain amount of money for the support of their child.

As an East Brunswick post-divorce disputes lawyer knows, an individual’s income can fluctuate quite a bit from year to year. If a child support amount is based on a parent’s income and then that income declines sharply, the person could find themselves in a tough situation.

The amount of income someone earns can be in dispute in many child support cases, both during and after the divorce. This is especially true for parents who are self-employed, have a lot of investment income, are paid by commission, or who have incomes that vary substantially from year to year.

Speak with an East Brunswick Post-Divorce Disputes Attorney

In many ways, the divorce is only the beginning of the process, especially if spousal support payments or children are involved. Often, new disputes can arise even after the parties reach an agreement.

If you and your former spouse are disputing a settlement after a divorce, speak with an East Brunswick post-divorce disputes lawyer who can help guide you through the complicated legal issues that arise after a divorce.