Post-divorce Disputes
During divorce proceedings, decisions about property division, spousal support payments, child support, child custody, and more will be made, and a judge will issue a judgement regarding these decisions. However, it is not uncommon for disputes to arise post-divorce. If you and your ex-spouse are in a disagreement about one of the important legal issues mentioned above, you need to consult with the lawyers at The Law Offices of Attorney Michael F. Mimno for legal counsel.
Enforcement Issues
One of the biggest causes for dispute post-divorce is focused around the enforcement of a court order, typically child support or spousal support payments. Sometimes, enforcement over child custody orders is also nexessary. If a court order is not being adhered to, action needs to be taken. For example, if payments are not being made, the wages of the spouse who is legally required to make payments may be garnished, bank levies may be enforced, and more, through a contempt proceeding according to the Massachusetts Department of Revenue.
Modification Issues
The second most common type of post-divorce dispute has to do with one or both parties’ desire to modify an existing court order. For example, a parent may wish to change his or her custody arrangement; an individual may wish to receive more money in spousal support payments; or a parent may wish to make modifications to monthly child support payments.
According to Massachusetts General Laws Chapter 208 Sections 49-52, changes to spousal support payments (alimony) may be made if both parties are in agreement about the changes, or if significant changes have occurred in either party’s life that warrants modification.
The law for the modification of a judgment regarding custody or care of children in Massachusetts is very similar. According to Massachusetts General Laws Chapter 208 Section 28, the court may modify an agreement if “material and substantial change in the circumstances of the parties has occurred…” If no significant changes have occurred, then neither party can obtain a modification.
A Massachusetts Divorce Attorney is Ready to Help You
Enforcement and modification issues can greatly affect your life post-divorce. If you have questions about how to change or enforce an existing court order regarding child support, child custody, alimony, or something else decided during divorce proceedings, you need an attorney. Attempting to resolve post-divorce issues on your own is recommended, and can lead to frustration.
At The Law Offices of Attorney Michael F. Mimno, our divorce and family law attorneys understand what you’re going through. For assistance in resolving your post-divorce issues, don’t hesitate to call us today. We’re ready to begin helping you now! You can reach our offices today at 978-470-4567.
