Post-Decree Issues

//Post-Decree Issues

ATTORNEY DID NOT HAVE TO PAY HUSBAND’S ATTORNEY FEES

Attorney had represented husband in A dissolution of marriage case. The attorney was granted leave to withdraw. He was no longer the husband’s attorney. Attorney filed a petition for payment of final fees and costs from husband. The petition requested payment from husband of $48,000 in unpaid attorney fees. A hearing took place. The court [...]

By | November 8th, 2018|Family Law Articles, Post-Decree Issues|0 Comments

WHAT IF THERE IS MORE THAN ONE REASONABLE INTERPRETATION?

Husband and wife agreed to carry insurance on their lives in their divorce decree.   Upon the death of a party, each of their two children shall be entitled to receive death benefits.  Each child was entitled to $50,000.00 in death benefits. The Agreement did not specifically mention husband's existing life insurance policy.  Husband had not [...]

GOING AFTER CHILD SUPPORT ARREARAGES IN PROBATE COURT

Divorce judgment for divorce had been entered in 1983.  It included monthly child support to be paid by husband.   Husband died in 2008. In 2012, wife filed a petition for confirmation of lien, sale of real estate, and entry of a QDRO (against his pension).   She alleged that there were child support arrearages and interest [...]

By | August 21st, 2018|Child Support, Post-Decree Issues|0 Comments

READ ONE LAST TIME BEFORE YOU SIGN

The parties divorce.   The judgment provides that their Agreement (MSA) settled 'all questions of property rights.  All claims against each other.  All rights of maintenance and all other marital rights arising out of their marriage to each other.' Wife was responsible for everything related to the marital home. It was now hers alone.  She believed [...]

YOU CAN’T GET COMPENSATED FOR LOST WAGES IF YOU REPRESENT YOURSELF

The divorce was done. Afterwards, the parties filed contempt petitions against each other. The Trial Court had a hearing on both petitions.   Both parties were in contempt. Wife was ordered to pay some of husband’s attorney fees. Husband had an attorney represent him. Wife was pro se.   She did not have an attorney.   So there [...]

By | June 22nd, 2018|Divorce FAQS, Post-Decree Issues|0 Comments

WHO GETS THE TAX DEDUCTIONS FOR THE KIDS?

The parties to a divorce had two children. The parties had an agreed order. The order gave the tax exemptions for both children to mom. She had those two exemptions for three years.  2012, 2013, and 2014. Dad went back to court. He said it was his turn to have the two tax exemptions for [...]

THINK ABOUT YOUR ARGUMENT BEFORE YOU MAKE IT

Dissolution judgment was final and enforceable at the time husband died.  Wife wanted to get her share of the pension through a QDRO. The trial court said that it had lost jurisdiction when husband died. The court said that it had no power to issue an order for a QDRO for wife.  A Qualified Domestic [...]

By | November 17th, 2017|Financial Issues When Divorcing, Post-Decree Issues|0 Comments

WHAT DOES IT TAKE TO GET A CHILD SUPPORT DEVIATION DOWNWARD?

  Father filed a Petition to Modify Child Support.  He earned $826,284 annual net income. The court ordered him to pay monthly child support of $19,284. Father argued that the court should have deviated downward. He argued that the $19,284 was way out of proportion to what the children needed. The evidence showed that the [...]

WHEN THE COURT JUST DOESN’T BELIEVE YOU

  Father filed a Motion to Modify the Visitation Notice Provision. It was included in the parties’ agreement for divorce.  The Trial Court denied Father’s motion. The notice provision said that Father had to give five days’ notice of any changes or cancellations. That is, unless there was an emergency. If he did not give [...]