Post Decree

Once the case is finalized by the entry of an order or decree, does not mean the case is done. This is especially true when the case involves minor children or support obligations. In fact, it is very likely that at some point, the matter will be back before the court. There are many instances in which support and parenting issues might become disputed matters in the future.

Contempt proceedings

Contempt proceedings become necessary when one of the parties is not complying with a court order. More often than not, these include the failure to pay support or for uninsured medicals. Another frequent contempt issue is the denial of parenting time. If a person is found in contempt of court, that person can be sentenced to jail and ordered to pay a fine, court costs and attorney fees. Any time that your freedom is at risk, you should consider having an experienced and skilled lawyer represent you.

Child Support Modification

This is undoubtedly the most regular post-decree modification. To modify child support requires a change of circumstances. This includes an increase or in earnings, the loss of a job, getting a new job, changing the parenting plan schedule, and changes in the child care providers. The party seeking the modification has the burden of proof that such is warranted. Representation by a skilled and experienced lawyer should be seriously considered by a person looking to present or defend a proposed modification to the court.

Relocation

This is one of the most hotly contested post-decree issues. Relocation cases are extremely complex and often difficult to resolve. These cases usually require litigation. The court must decide whether the relocation is in the child’s best interest. The court will consider many factors, including the distance involved, the relationship of the child with each, the proximity to extended family, the reason for the move and the new proposed location, to name a few. Presenting or defending a relocation case requires meticulous preparation and great courtroom skills.

Modification of parental rights and responsibilities or custody

This is more commonly known as “changing” or “modifying” child custody. To do so, a change of circumstances is required. The change of circumstances must be substantial. The requested relief must also be in the best interests of the child. This type of post-decree matter is usually highly contentious and emotional, while being very complex as well. The court is required to consider many factors when determining whether a change of custody is in the best interests of the children. You need a lawyer with the experience and knowledge to prepare this case, and then present it to the court.

Spousal support modification

Some spousal support orders may be modified. Whether a spousal support award may be modified is dependent upon the language of the separation agreement, the decree of divorce or the decree of dissolution. Usually, it is the paying spouse that seeks to terminate a spousal support order because the ex-spouse is cohabiting in another relationship. Other times, a modification is sought because of qualifying changes in circumstances. These cases often require thorough legal analysis after the presentation of evidence. It is best for you to be represented by an experienced and skilled lawyer in these types of modifications.

Greater Cincinnati and Northern Kentucky have many types of lawyers. When you conduct a lawyer search, find a family law lawyer with the experience and skill to carefully prepare and present necessary evidence to present or defend the post decree relief being sought.

You need a great lawyer to provide you the legal advice so you can make the best decisions.

We are great lawyers.
We’ve presented and defended hundreds of post decree issues since 1999.
We Listen – We Care – We Advise – We Fight For You – We Get You Through It.
We can help you.

Please call or email our law firm to schedule your free, initial and confidential consultation about your post decree matter.

• Greater Cincinnati 513.591.2000 Northern Kentucky 859.291.1000
• rick@foxscottlaw.com
• FOXSCOTTLAW
• 517 Madison Ave.
• Covington, KY 41011