 WHAT ARE POST-DIVORCE AND POST-PATERNITY ACTIONS? |
Both of these terms refer to actions taken AFTER a final divorce or paternity order has been entered. The final order in a divorce case is typically entitled a "Divorce Decree" or "Decree Granting Absolute Divorce," while the final order in a paternity case is usually called a "Judgment." These final orders are not absolutely final, however -- post-divorce/paternity actions can be pursued to either MODIFY or ENFORCE the orders. |
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WHAT CAN BE ENFORCED? |
A party to the divorce or paternity may ask the Court to ENFORCE most issues in the decree or judgment, where the other party has not done what is required of them. This would include enforcement of a party's rights in child custody/visitation, child support, alimony, property division, debt division, signing necessary transfer papers (such as for a car), have a name removed from a title/mortgage for a piece of real property, and other issues. As noted above, each case is unique, and a person wishing to enforce their divorce or paternity order should speak to a lawyer to see what may be done. |
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WHERE DO I START? |
To determine if you can modify or enforce particular rights/obligations in your case, you should speak to a lawyer experienced in family law issues. If you'd like to set up a consultation with one of our lawyers, please call us at (808) 593-2199 or e-mail us at info@islandlawyers.com.
Also, it is often helpful if you fill out our Post-Decree Questionnaire, prior to sitting down with one of our attorneys, so that they may better understand the issues that you would like to address. Our Post-Decree Questionnaire is in Adobe Adobe Acrobat , and may be downloaded below:
Post Decree Questionnaire |
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WHAT CAN BE MODIFIED? |
A number of issues in divorce and paternities may be modified, if sufficient basis is given to the Court. Among the modifiable issues in a divorce are: child custody/visitation, child support, and alimony. The modifiable issues in a paternity case are child custody/visitation and child support. This does not mean that every case can be modified by any party wishing to change the terms of their order -- the party seeking a change usually has the burden to prove to the Court why a change is necessary. In most cases, issues such as property division and debt division are NOT modifiable. Each case is unique, however, and a person wishing to modify their divorce or paternity order should speak to a lawyer to see what may be done. |
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WHAT ABOUT MY LAWYER'S FEES? |
In certain instances, the Family Court may order your opposing side to pay your expenses (such as lawyer's fees) for bringing the mattter back to Court. Typically, this is more common in situations where one party is seeking to ENFORCE their rights under the Decree/Judgment -- i.e. the other party violated the Decree or Judgment, "forcing" the other person to bring the Court action. An award of lawyer's fees, or expenses, however, is not guaranteed, and is ultimately up to the Family Court Judge. |
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