A post divorce action is a legal action that takes place after the final judgment of divorce has been entered by a court. A post divorce action involves any legal action on the part of either spouse taken to enforce or modify the judgment of divorce.
The most common post divorce actions seek to enforce a child support order or modify a child custody order, although there are other issues that often require legal action.
After a court enters its orders, the court does not monitor the parties to ensure that its orders are being followed. In fact, with the exception of child support, which is often monitored by an outside child support agency of the government, it is up to the party being harmed to seek court intervention to enforce court orders. It is wise to consult with an attorney before asking a court to enforce its orders.
Failure to Comply & Enforcement
When a court enters a final judgment of divorce, the judgment then becomes the official orders of that court. Each party is bound by and expected to comply with those orders. If one party fails to comply with the court’s orders, the other party can then ask the court to enforce the orders.
Enforcement due to a failure to comply can result in a bench warrant being issued for the noncompliant person’s arrest, an arrest, jail time, or fines. In some instances, a noncompliant spouse can be criminally charged. In other instances, civil damages can result. In most instances, the court will ask the noncompliant party why he or she is not complying with the court’s orders, and provide the noncompliant party the opportunity to explain.
The important point here is that court orders resulting from a divorce action are still court orders, regardless of their civil nature. All court orders can be enforced through whatever means is available to the court by law.
It is worth mentioning at this time that the enforcement of a divorce judgment relies on the judgment itself. If you handle your own divorce, then any action taken after that divorce will ask the court to the order it entered based on your marital agreement. In some situations, that order may not include all prerequisites required by the law for enforceability. Courts are not required to ensure that you understand the law.
Fero & Caputo, LLP. Fero & Caputo focuses on the needs of people, not the perfect business model. They ensure that you, your family and your rights are always protected, and the psychological impact that a divorce or any family law matter can have on couples and their children is as stress free as possible.
Fero & Caputo always provides high quality legal representation and custom tailored legal services to fit your precise needs by incorporating the help of a trained school psychologist whenever applicable and flat rate fee-based payment plans whenever appropriate. We often help people resolve their marital property issues through mediation in a collaborative and cooperative manner, and when necessary, prepares both you and your case for aggressive litigation.