Rockville Post-Divorce Disputes Lawyer
The divorce process can take time and put a great deal of stress on a family. After a divorce ends, the parties likely hope to move on with their lives without the conflict that goes on in a divorce. Unfortunately, the dissolution of a marriage often does not mean ending a relationship, particularly when the parties share children.
When a final judgment fails to address the family’s needs, contains confusing provisions, or if circumstances change after the court enters the agreement, one or both of the parties might move to alter the documents. The law only permits these changes in certain scenarios. A Rockville post-divorce disputes lawyer can help negotiate or file to modify the parties’ agreement and court order.
Changes to Child Custody and Parenting Schedules
Child custody battles can be one of the most complex issues following the dissolution of a marriage. The facts that led the court to decide a certain arrangement is best for the children can alter and warrant changes to the agreement. This situation could occur because of many reasons; including but not limited to a parent becomes sick, relocates, or accepts a job that involves frequent travel.
If one parent wants to change the schedule and the other does not, then the party looking to make those modifications bears the burden of proving that there have been material change of circumstances effecting the best interest of the children warranting the requested modifications. The goal of a final court order and final judgment is to make a decision based on the facts and circumstances at the time but that will provide consistency and stability. There is a higher burden and a threshold to meet when modifying court orders for custody and access but it is possible to do so under the right circumstances.
Sometimes the parents can reach an agreed modification of the custody arrangement and court order, in which case, they may submit an. Other times the individuals will have completely different opinions on what is best for the family. A Rockville divorce disputes attorney can help advocate for a party to reach a reasonable solution to the dispute.
Financial Circumstances Change
Courts base child support on the parties’ gross income, calculated by the amount of overnights each parent has the children, the number of children, as well as some other approved expenses for the children such as work-related child care and health insurance expenses. If the parents’ financial circumstances change a great deal, the court might agree that the payments should change.
Small changes to a person’s economic status may not be enough to warrant changes to a child support agreement. If a person loses their job or their income changes, for better or worse, that is certainly a situation that may warrant modifications.
If the paying parent loses their job or begins to earn significantly more income, either way, the court may modify the support payment amounts. Additionally, if the parent receiving payments begins to earn more money, that individual might not need as much support, and the parties might lower the payments. In any situation, by consulting with a Rockville-based attorney, a person can ensure that the modifications are fair and reasonable and take their interests into account.
Non-Compliance With a Divorce Judgment
Unfortunately, sometimes a party will refuse to follow to the terms of a divorce judgment. In some cases, the person might not make payments that they are obligated to make or refuse to turn over property that the court awarded to their former spouse. Sadly, parents might also refuse to comply with the order and cost the other parent time with the children.
In a scenario where a party refuses to comply with the decree, the court can find ways to enforce the agreement. Sometimes a judge will order wage garnishment of the paying spouse’s income if that party does not provide the agreed-upon support. The court can also find the non-complying party in contempt for their intentional actions of noncompliance. Anyone faced with the non-compliance of a divorce agreement should speak to an attorney about their legal options for enforcing the contract.
Retain The Services of a Rockville Post-Divorce Disputes Attorney
A divorce judgment is an enforceable court order. Both parties are obligated to follow the terms of the agreement pursuant to the terms of the court order. However, since these documents cover so many aspects of a person’s life, the parties may need to change the terms at some point during their lives.
Disputes with a former spouse are stressful and frustrating. Hiring a Rockville post-divorce disputes lawyer can be the best way to solve any issues you may have with your ex-spouse. Call today to learn more about how we can help.
