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Entry of the divorce may not
end the court proceedings between the parties. The
following circumstances may result in the parties
returning to divorce court. These proceedings after
the divorce are referred to as post-judgment.
Disputes over Custody,
Visitation and Child Support
The law requires that family
courts always be concerned with the best interests of
minor children. Because of this requirement,
divorced parents can always return to court to seek
changes in orders regarding custody,
visitation and child support if the change would be
in the best interests of the children.
As children grow, their needs
may change. Sometimes these needs may best be served
by changing child custody or visitation arrangements.
The parties' income may change
over time If the change is substantial and was not
expected at the time of the divorce, the court may modify
the amount of child support.
Moving Out-of-State with
the Children
A divorced parent with custody of the
children may want to relocate out of state. The
other parent (referred to as the non-custodial
parent) may object to the move because it would reduce his
or her contact with the children. If the
non-custodial parent challenges the move in court, the law
requires that the custodial parent prove the following:
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The relocation is for a legitimate purpose. |
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The proposed location is reasonable in light
of such purpose. |
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The relocation is in the best interests of
the children. |
The law also requires that the
divorce court consider the following factors:
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Each parent's reasons for seeking or opposing
the relocation. |
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The quality of the relationships between the
child and each parent. |
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The impact of the relocation on the quantity
and the quality of the child's future contact with the
non-relocating parent. |
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The degree to which the relocating parent's
and the child's life may be enhanced economically,
emotionally and educationally by the relocation. |
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The feasibility of preserving the
relationship between the non-relocating parent and the
child through suitable visitation arrangements. |
Modification or
Termination of Alimony. If the divorce
decree awarded weekly or other periodic alimony,
and the decree did not prohibit modification, either party
may return to divorce court to change the amount of
alimony or to end it. Terminating alimony is often
appropriate if the party receiving it has remarried or is
living with someone as if married.
If no alimony was awarded at
the time of the divorce, neither party can return to
divorce court and ask for alimony.
Fraudulent Concealment
of Assets
During a divorce, each party
is required to disclose his or her complete financial
situation to the other party. Each party is also
required to use his or her best efforts to discover the
other party's financial situation.
A party who discovers after
the divorce that the other party hid assets or income may
be able to return to divorce court and request that the
judgment be opened for new financial orders that take into
account the newly discovered information. An attempt
to open a judgment on the basis of fraud should be made as
soon as possible. It is very likely that a court
will deny a motion to open a judgment if it is not filed
within 4 months of the discovery of the fraud.
Courts do not like to open
judgments. The party seeking the new orders will
have to prove to the divorce court that he or she was
prevented from discovering the hidden assets or income
because the other party committed fraud —
for example, lied under oath or secretly transferred
assets in violation of the automatic orders.
To open a judgment, there must
be:
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Clear proof of fraud or
perjury (lying under oath or intentionally presenting
a false sworn financial affidavit). |
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No unreasonable delay in seeking to open the
judgment after the fraud was discovered. |
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A substantial likelihood that the result of a
new trial would be different. |
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Proof that the party trying to open the
judgment believed and relied upon the fraudulently
misrepresented information. |
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