If you are currently involved in a divorce or have been through a divorce in the past, you probably know that for most spouses the best part of the divorce process is knowing that it is behind them. Once the parties have a Marital Dissolution Judgment based on a marital settlement agreement (MSA) or trial, each spouse can move on with their life. What some do not recognize is that the divorce judgment may not be the last time that the parties need to file legal papers or appear before a family law judge in Albuquerque, Santa Fe or elsewhere in the surrounding areas of New Mexico.
If your spouse falls behind on child support, violates your parenting plan or refuses to cooperate in listing the family home for sale, you may need to seek assistance from the judge in enforcing the divorce judgment. Alternatively, you may experience a significant unforeseen event like job loss, physical disability or other event that creates a financial hardship so that you need to seek a modification of alimony. Whether you are seeking to have the judge enforce or modify the terms of the judgment, these types of relief are called post-judgment actions.
While the judgment is generally the end of litigation in many types of civil cases, family law cases like divorces and paternity actions are more likely to result in post-judgment proceedings. There are several reasons that marital dissolutions and actions to establish a paternal relationship are more like to involve post-judgment motions. One reason is that the nature of the issues often guarantee that the parties will have to continue to deal with each other for decades after the judgment. Whether you are trying to cooperate with a former spouse under a parenting plan or obligated to pay alimony, the longevity of these issues creates a wealth of opportunities for disputes to arise. Further, the fundamental ways that custody of a child or financial arrangements in a divorce impact the lives of the parties and their children often merit ongoing litigation.
There are two broad types of post-judgment action that are common in New Mexico family law cases like divorces and paternity actions – modifications and enforcement proceedings. A modification basically involves a request to change the terms of the judgment that were imposed by the judge or negotiated by the parties. Because of the value in maintaining the stability of judgments and the compromise involved in the divorce process, judges will not simply modify the terms of the judgment because a party has had a change of heart. A New Mexico judge can only consider modifying a judgment if there has been a substantial and material change in circumstances. Generally, the circumstances that are offered to justify the modification cannot be something that should have been within the contemplation of the parties prior to the judgment. In other words, the basis for the modification usually must be facts that were not reasonably foreseeable when an MSA was negotiated or a divorce trial occurred.
As opposed to modifying a divorce or paternity judgment, an enforcement proceeding is brought to compel a spouse to comply with the existing judgment. For example, sometimes parties defer the sale of the family residence until the children reach a certain age. When a spouse refuses to cooperate in the listing and sale of the home when the children have reached the designated age, the party seeking to move forward with the sale may need to file a motion asking the court to intervene or even file for contempt against the other parent.
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The above information is designed solely to illustrate general principles of law, and does not constitute a specific legal opinion on individual cases. We suggest that you contact experienced legal counsel for a specific opinion tailored to your individual circumstances.
Although post-judgment actions are common in family law cases, the risk of needing to incur the expense, anxiety and hassle associated with contempt proceedings or modification requests can be minimized by obtaining sound legal advice and effective representation during the divorce process. Our experienced New Mexico Post Judgment Divorce Lawyers at the Jay Goodman and Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your alternatives. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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