Post-Divorce Modification Of Judgments And Enforcement Of Judgments

Dallas Divorce Modification Attorneys

At the conclusion of any family law case the Court will enter a judgment, the decisions and accompanying instructions of the court, as to the disposition of the matter. This judgment, however, is not always the end of the issue.

Modification Of Judgments

A judgment of the Court can be changed through the use of a post-judgment modification, which are used in a variety of family law matters in the event that the parties involved have a change in their circumstances. They can, among other things:

  • Modify the terms of a child support order.
  • Modify a temporary spousal or child support order that was granted while the divorce litigation is still pending.
  • Modify an alimony (spousal support) order.
  • Modify child custody or visitation order.

The procedure for petitioning for the modification of an existing order is very specific, and requires the assistance of an attorney with a detailed understanding of what is required in order for the petition to be successful. In order to be eligible to petition for a modification of an Order, there must be a change in the circumstances of the parties that warrants such a change which can involve such things as the loss of a job, the relocation of one of the parties to the order to a different geographical area, unexpected long-term expenses being incurred, or changes in the home environment that make it unsuitable for children. The degree of change that will be necessary depends on the individual circumstances that are involved, but simpler matters such as adjusting a visitation schedule require lesser cause than a more complex one like modifying a child support order.

Additionally, matters that affect children are often more complicated as well since the Court has the option of assigning a guardian ad litem to represent the children’s best interests in the negotiation, thus adding an additional party that must be taken into consideration during any proceedings. Ad Litem or Amicus Attorney, an amicus attorney is appointed to represent the child where an ad litem is more of an observer and gives his recommendation. The Amicus Attorney shares the lawyer client relationship with the child.

Post-Judgment Enforcement

Not all parties will be cooperative in paying when a judgment has been leveled against them. In these cases an attorney will need to continue to be retained in order to move forward with collection through the legal process. This may involve filing an Abstract of Judgment in any county that the person has real property in to get a ‘creditor’s lien, petition for Writs of Garnishment against known bank accounts or similar monetary assets, or seeking a Turnover Order in order to acquire property to satisfy the judgment. Additionally in cases that involve delinquent child support or alimony payments an attorney can file for an order to garnish the delinquent party’s wages to ensure payments. Most times it’s a wage withholding order and is removed from your pay. If you don’t pay you can go to jail. That is probably the remedy that is used most often for child support. They will put you in jail at night and let you work during the day until it is paid. The Texas Constitution says that people cannot generally be put in jail for a debt. Child support is an exception.

The Law Offices of Udeshi Clark and Associates: Dallas Post-Judgment Services Experts

The conclusion of your family law matter does not always mean that the issue is finished. The Law Offices of Udeshi Clark & Associates is your Dallas area post-judgment expert. Whether you need to petition for the modification of a court order, or need an attorney to fight to get a judgment enforced, we are here to help. Contact one of our representatives today, at (469) 914-5564 or online to get started.