5 minute read
When Will This Ever End?
BY EVAN H. BARON, ESQ.
There is a saying often used in family law, which is that “if you have children, you are never divorced”. I repeat that saying several times each week to both existing and new clients. The concept being that even after a divorce is finalized; there are still potential problems which may arise. If you have the opportunity to read a Final Judgment of Dissolution of Marriage, the Court will retain jurisdiction in the matter. That is to ensure that if issues arise, the parties have the legal right to petition the court for relief. There are some issues however which cannot be re-litigated.
A large percentage of my practice is devoted to “post judgment matters” such as child support, alimony, custody, visitation, and parental relocation. All of the above matters can be addressed by the court if there is a failure to comply with an existing court order or of due to a “substantial change in circumstance” one of the parties is seeking a modification. So, for instance, if the designated parent is not receiving his/her child support than an enforcement action can be brought. If one of the parents loses his/her job through no fault of their own, then a modification to reduce either child support or alimony can be filed. If one of the parents is not allowing scheduled visitation or if due to a change in circumstance the visitation schedule must be changed, a modification proceeding can be filed.
Of course, not every issue can be re-litigated. The equitable distribution of assets and debts is a matter which cannot be disturbed after the Final Judgment, unless the parties themselves reach an agreement or one of the parties can prove fraud or coercion in the original agreement. In addition, child support cannot be increased unless the party seeking an increase can show a substantial change in income which would result in an increase of at least $50.00 per month or 15% over the existing monthly payment. Of course, one can never attempt to overturn an agreement simply because he/she has changed their minds and now feels it is perhaps unfair.
I always try and tie up all loose ends when finalizing an agreement between the parties. The last thing either party wants is continued litigation, which means continued stress and continued attorney’s fees. Sometimes a matter can be resolved by the parties simply discussing the matter. I am always amazed at how often issues can be resolved by a simple phone call, letter, or E-mail. If both parties truly want what is best for their child, then a compromise should not be so difficult. Unfortunately, some parties wish to continue the litigation based upon emotional issues. This is never a good idea and more often than not it is the children who suffer.
n The law firm of Evan H. Baron and Associates is located at 1655 North Commerce Parkway, Suite 201, in Weston. If you have any questions concerning this issue or any other family law matter, call the office at 954-385-9160.
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