Post Divorce

If one party in a divorce fails to abide by one or more terms within the Judgment of Divorce, the other party must have an application filed with the court to compel compliance. That type of application is called a "Notice of Motion to Enforce Litigant's Rights" and should include a request that the defaulting party be responsible to reimburse the legal fees and costs the non-defaulting party incurs for the application.

After a divorce, circumstances may change substantially and one party may file an application with the court to modify or terminate alimony or child support.

Under family law, alimony automatically terminates upon the death of either party. Permanent alimony and term alimony also terminate automatically upon the remarriage of the recipient party. In all other circumstances, to modify alimony payment amounts the other party must show "changed circumstances." There are many different events which may qualify as "changed circumstances," including but not limited to a substantial change in either party's income, an adverse health condition, cohabitation by the recipient party, early retirement, the refusal or inability of one party to find employment or the receipt of a substantial inheritance.

Child support terminates upon the death of the payor spouse or the child. Child support also terminates upon the child's "emancipation," which occurs when the child has moved beyond the sphere of influence and responsibility exercised by a parent and obtained an independent status. In all other situations, to modify child support payment amounts the other party must show "changed circumstances," just as in alimony modification applications. Some of the same events which may trigger modification of alimony may also justify a change in child support. Other events which may affect child support include, but are not limited to, children from subsequent relationships, increased needs of the child, changes in parenting time, income earned by the child, or the child's education costs.

The allocation of responsibility for children's college costs is also a common post-divorce issue which must be addressed by the courts. With very limited exception, financially capable parents are obligated to contribute to the higher education of their children, if those children are qualified students. In allocating that obligation between the parents, courts consider the following factors:

• Whether the parent, if still living with the child, would have contributed toward the costs of the requested higher education;
• The effect of the background values and goals of the parent on the reasonableness of the expectation of the child for higher education;
• The amount of the contribution sought by the child for the cost of higher education;
• The ability of the parent to pay that cost;
• The relationship of the requested contribution to the kind of school or course of study sought by the child;
• The financial resources of both parents;
• The commitment to and aptitude of the child for the requested education;
• The financial resources of the child, including assets owned individually or held in custodianship or trust;
• The ability of the child to earn income during the school year or on vacation;
• The availability of financial aid in the form of college grants and loans;
• The child's relationship to the paying parent, including mutual affection and shared goals as well as responsiveness to parental advice and guidance; and
• The relationship of the education requested to any prior training and to the overall long-range goals of the child.