What are Post-Decree Matters?
After a divorce or parentage matter has been finalized, certain aspects of the final judgment may need to be modified or enforced. Modification may be necessary when the lives and needs of the family changes. Enforcement may be necessary if one of the parties violates a court order. Any litigation or negotiation after the final order in a matter is entered is referred to as a “post-decree” matter.
Modification
Post-decree modification may occur by agreement or in post-decree litigation. When a modification is sought, different burdens of proof will apply based on what is requested and how soon after the final judgment the request is made.
Post-decree modifications are sometimes sought under the following circumstances:
- One party has a significant increase or decrease in income because of a job loss, promotion, remarriage or medical condition;
- One parent wants to move or relocate with the children a significant distance;
- The parenting schedule originally created is no longer appropriate as the children are older; or,
- Changes in work schedules or new employment may also warrant changes in the parenting schedules.
Enforcement
Post-decree enforcement may be required under the following circumstances:
- One party is refusing to pay maintenance or child support;
- One party is refusing to follow a parenting plan; or,
- One party is refusing to follow the terms of a property settlement.