Post Decree Proceedings
This term refers to court action that takes place after people have ended their marriage through divorce or dissolution or separation. The “decree” is the Decree of Divorce or Decree of Dissolution. Once it is “journalized,” meaning signed by the judge and put on the books, you are in the post decree period. People I didn’t represent during the divorce or dissolution often come to me for representation in post decree matters like post-decree counseling, or advise or mediation.
Decisions on property division or agreements are not generally subject to change in post decree proceedings. For example, a court lacks the authority to review who gets the house, or how retirement funds are divided.
However, everything related to children like post-divorce parenting, is subject to the court’s continuing jurisdiction in post decree action. And often spousal support is subject to post decree proceedings. I as an experienced divorce lawyer use a check list to make sure the post-decree process is transparent.
Economic circumstances frequently drive post decree litigation. For example, when someone loses or job, or earns substantially more money, child support is frequently reviewed. This involves a determination by the court whether a “change of circumstances” has occurred, which should result in a re-calculation of child support. The critical part often requires expert legal assistance to determine what each parent actually earns. This involves digging into the other spouse’s financial records, and not settling for just seeing a paystub.
A hot-button issue is the potential relocation by one parent, with the children, outside the county, state or country. These situations require the same high level of legal skill as a custody trial. There are many factors a judge has to consider. Whether you are the parent who wants to move, or the one who opposes relocating the kids, the stakes are high. Disruption of the kids’ routines, denial of regular parenting time, potential benefits to the kids, and financial issues all need to be carefully and expertly addressed by your attorney.
Spousal Support may be subject to post decree modification. The terms of the decree of divorce or dissolution will determine whether it is or not. Some decrees allow spousal support to be modified as to amount, or duration (how long it’s paid), or both. It often happens that modifiability turns on whether the spouse receiving spousal support is cohabiting with another person; I have handled cases in which private investigators, apartment leases, mail service records, credit card statements, and the testimony of neighbors and co-workers have been involved in addressing this question. In short, whichever side of this battle you’re on you will need the type of skills and experience I have developed over the course of my career.
People often come to me when they believe their former spouse is not doing what the decree what requires. On the other hand, people seek my advice when they believe they’ve been wrongfully accused of contempt . The first thing I personally do is carefully review the decree to see what it calls for. Then I carefully question the potential client about what has been taking place since the decree was journalized. Unfortunately, at times I have to explain to someone the decree doesn’t provide the protection or result she thought it did, or that it calls for something he didn’t understand or agree to. In all these situations I establish what the client’s goal is, and then prepare a strategy for reaching it. Executing that strategy is what clients expect from me, and what I do
