Even after your divorce has been finalized, you will most likely still have interaction with your ex, especially if children are involved. Here in Bucks County, your finances may still be intertwined, depending on child support, spousal support/alimony, or retirement and insurance arrangements. Issues with the kids will still need to be resolved with both parents. When problems arise in any of these areas, it's best to make the changes in writing and with the help of an experienced divorce attorney, in order to put the force of law behind it if agreements are not met. Below is a short list of some of the issues that might arise post-divorce.
Enforcement of divorce agreement
When one party does not fulfill his or her obligations under the settlement agreement or court order, it becomes necessary to file a motion in court for a judge to provide relief. Common issues that arise include:
- Child support – unpaid, underpaid, or consistently paid late
- Alimony – unpaid, underpaid, or consistently paid late
- Division of retirement accounts or other assets
Modification of divorce agreement
Modification of a divorce agreement is often sought when there have been major changes in the situation of either spouse or the children. These could include a sudden increase or decrease of income due to a new job or promotion or the loss of a job, the remarriage of one ex-spouse, a change in the health condition of a parent or child, and relocation outside of the area. These situations may require some changes, such as:
- Changing child custody arrangements
- Changing or terminating child support
- Changing or terminating alimony/spousal support
- Traveling or moving with the children
- Reevaluating the children's education, particularly college plans
Health insurance issues are sometimes overlooked during divorce negotiations. If health insurance was covered by one of the parents' employers before the divorce and will continue to cover the ex and the children post-divorce, insurance supplied to the ex becomes a taxable item for the paying spouse, which should be part of negotiations. Additionally, sometimes an ex-spouse covered by the other spouse's insurance becomes eligible for insurance through his or her employer, and the one currently paying may want to petition the court to stop the payments. This ex may be tempted to terminate without court approval, but this is not legally acceptable.
A child is not automatically emancipated at the age of 18 or at graduation from high school, freeing parents from financial responsibility. In order to declare a child emancipated and therefore no longer a recipient of child support, a motion must be brought before the court along with the facts of the situation (the child's financial position, work, school, etc.) in order to make a definitive, legal declaration.
A divorce decree is a legally-binding document. Neither spouse can choose to disregard it, nor can the ex-spouses decide on modifications together without having the changes legally documented. At the Law Offices of Blitshtein & Weiss, we are experts in family law. We will provide you with the compassionate support and experienced legal representation you need to resolve your post-divorce issues in a way that benefits you and any children involved. Call us today at (215) 364-4900 to discuss your case.