Post-Judgment Actions
A post-judgment action in a Michigan divorce is a proceeding that occurs when one party wants to enforce or change the terms of a divorce settlement. These actions are common and often financial in nature or related to children. At BBA Law in Shelby Township, MI, we support our clients during and after their Michigan divorce has been finalized.
The Goal of a Post-Judgment Action
When something isn’t working with your divorce settlement or life has changed so that it no longer matches the details you agreed upon in your judgment, the only way to alter the way your divorce pans out afterward is with the help of your Michigan divorce lawyer. You may have several options, but most likely any changes to the settlement will occur through a post-judgment action, which usually falls into one of these two categories:
- Enforcement: The terms of a final divorce judgment are not being obeyed by your ex and you want the court to enforce the legal documents.
- Modification: When one ex wants to change the terms of the divorce judgment, it is necessary to modify what already exists in the settlement.
Reasons to File Post-Judgment Actions
Post-judgment actions should not be thought of negatively. Life changes after a divorce and the plans you or your ex may have made during your split have now been altered. People relocate, get married, lose jobs, get sick, or have more children. Any of these circumstances impact how life proceeds – for you and, potentially, your ex – and how well the details of the divorce settlement are observed.
When the divorce settlement that was once satisfactory is no longer working because of significant life changes for you or your ex, it’s time to make new changes, legally and officially.
- You want to change support payments. Post-judgment actions are commonly filed to ask for a modification in child support or spousal support. Whether you’re paying child support or spousal support or both (or whether you’re receiving it), a judge will typically hear your motion if new facts arise to change your circumstances. Just be aware that these modifications don’t always turn out the way you want – if you want to pay less, the judge could determine that you must pay more. If you want to get more support, it may be decided that your payments should be less.
- You need to enforce child support payments. A deadbeat parent is a reality for many divorced people. Those who have primary custody of the kids and receive child support from the non-custodial parent may find themselves short when it comes to the funds they are legally due per their divorce judgment. Payment can be enforced by the Friend of the Court, which handles custody, child support, spousal support, and parenting time. Income withholding, property forfeiture, and a bench warrant for arrest can be issued when support payments are not made. Your divorce attorney can also help you bring your own post-judgment action.
- There needs to be a change in parenting time or child custody. The terms of an original divorce settlement include careful explanation of parenting time and child custody and how it evens out for both parents. If a parent feels their ex is exposing their children to dangerous situations, physical abuse, or substance abuse, they can file a post-judgment action for sole custody. Divorce courts always rule in the best interests of the child.
File a Post-Judgment Action with Help from BBA Law
If your ex is not following the agreed-upon elements of your divorce settlement, contact your family law attorney at BBA Law to discuss filing a post-judgment action. Anything involving children and financial support is considered a pressing legal matter.
