Post-Decree Issues

//Post-Decree Issues

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 [...]

OOPS, YOU JUST HAVE TO WAIT TO APPEAL

  In the divorce Judgment (MSA), Husband was to pay Wife $5,000 in monthly maintenance. For at least seven consecutive years. Before seven years expired, Wife could file a petition to extend maintenance payments. Wife also had a duty to pursue training. She needed to increase her annual income through full-time employment. For as long [...]

GOOD IDEA TO TAKE THE FIFTH IN DIVORCE COURT?

  Husband did not make maintenance and child support payments to Wife. Divorce court had ordered payments from Husband. Wife filed Petition (for Rule to Show Cause) against Husband.  Wife presented evidence of Husband’s failure to pay. Husband took the Fifth in court. He refused to say anything. He said he would not testify. Anything [...]

By | September 15th, 2017|Child Support, Post-Decree Issues, Spousal Maintainence|0 Comments