Family law is a complicated, fact-heavy topic. Whether you’re contemplating divorce, custody issues, or a post-divorce financial dispute, it’s important that you seek competent counsel.
The information on this page is intended solely as general guidance and is not intended to be definitive. It is also not meant to constitute legal advice and you should not rely on it as such.
Issues that happen after a final judgment resolving an initial case are entered are known as post-judgment issues. These can include modification, contempt, or enforcement and can entail changes to timesharing, alimony, or child support.
A judgment is a decision arrived at after a hearing or trial. A post-judgment issue is one that arises after the court has rendered a judgment and before it has entered an appeal.
The definition of “post-judgment” is important when it comes to understanding the issues of divorce. A post-judgment issue is anything that arises after a judgment is handed down. Many couples end up in court over money or child custody. The court will determine whether a parent is able to keep the kids or not, and if so, how much time each parent spends with their kids. Other divorcing couples struggle to come to a settlement regarding real estate. These are all issues that arise after the court decides who gets to keep what.
Should you file something with the court every time a new situation arises after a final judgment has been entered?
No. Handling a post-judgment situation depends on the particular situation. Every case is unique. Often, however, post-judgment issues can be resolved through alternative dispute resolution processes, such as mediation or parent coordination.
If you have concerns regarding the best way to address your specific circumstances, it is advisable that you contact a knowledgeable family law attorney.
What is “contempt”?
Contempt charges are designed for defendants who violate court orders.
Two different types of contempt exist. One type is civil contempt, which is the process by which a person is made to comply with a court order and/or decree. While the other is criminal contempt, which is the process by which a person is punished for breaking the law. Conduct that could result in a civil charge can also lead to a criminal one.
What is “modification”?
When a party seeks to permanently change a court order or judgment, it is known as a modification.
To permanently change the outcome of a court case or a judgment, a litigant files an appeal. There are different requirements for bringing a modification in a federal district court.
The procedure and timeframe for filing a motion are different in every jurisdiction. Therefore, you need to look into the rules and regulations specific to the jurisdiction in which you reside.
What is “post-judgment enforcement”?
A post-judgment enforcement is an order issued by a court when a party has not abided by the terms and conditions of a final judgment. The offended party may request for the court to require the offending party to comply with the post-judgment terms and conditions. The action may involve forcing or ensuring compliance with things like timesharing, transfer of an asset, or payment of money.