Mississippi Divorce Attorney Talks about Post-Judgment Issues in Divorce Cases

In a perfect world, once a couple’s divorce became final, it would be just that, final. Unfortunately, there are situations in which a Final Judgment of Divorce must be revisited, either because the circumstances of one or both of the parties have changed so much that the original terms of the custody, child support, or alimony portions of the Final Judgment of Divorce are no longer appropriate, or because one of the parties has failed to comply with one or more portions of the Final Judgment of Divorce. These situations are referred to as modification and contempt, respectively, and all divorcing couples should be sure that they understand them in case they become relevant to their situation in the future.

It would be unreasonable to expect that all of the terms and conditions of a Final Judgment of Divorce would apply to both parties for the rest of their lives, no matter what. Some portions of a divorce decree require ongoing action on the part of the parties, and even in situations where the parties reached an agreement of how to divide parenting time or how much child support or alimony should be paid, there may come a time when one or both of the parties find it difficult to comply with the terms that are specified in the Final Judgment of Divorce because of major changes that have occurred in one or both of their lives.

The main thing that divorced couples must remember regarding post-judgment modification of custody, child support, or alimony is that the court will not grant a modification unless there has been a “material change in circumstances”. In other words, the changes that are the reason upon which the request for modification are based must be significant. An example of a situation which could constitute a material change in circumstances is if one party loses their job and remains unemployed for an extended period of time because they are unable to find work. A seasoned Mississippi Divorce Attorney can assess the changes that have been going on in your life, and they can provide you with an opinion of whether or not the court is likely to find that a material change in circumstances has occurred.

Sometimes, a divorced party fails to comply with one or more of the terms contained in their Final Judgment of Divorce. When this occurs, the other party can file an action asking the court to find that the party who has failed to comply is in contempt of court.

There are two types of contempt actions. In an a civil contempt action, if the court finds that the party has failed to comply with the terms of the Final Judgment of Divorce, the chancellor may require them to pay a fine. Some types of misconduct are more severe and thus require more severe consequences. These are criminal contempt cases. Parties who are found guilty of criminal contempt may be sentenced to imprisonment.

If you are divorced and you are wondering whether you could obtain a modification of your Final Judgment of Divorce, a Mississippi Divorce Attorney can assess the situation and help you decide how to proceed. If your former spouse is not complying with the terms of the Final Judgment of Divorce, your attorney can help you to file a contempt action which will hold them accountable for that failure in some way. Mississippi Divorce Attorney Matthew S. Poole can help you with whatever post-judgment issues you might have. Call (601) 573-7429 today, to schedule a consultation.

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Mississippi Divorce Attorney Talks about Post-Judgment Issues in Divorce Cases
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Mississippi Divorce Attorney discusses post-judgment issues that arise in divorce cases.

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