A post divorce action is a legal action that takes place after the final judgment of divorce has been entered by a court. A post divorce action involves any legal action on the part of either spouse taken to enforce or modify the judgment of divorce.

The most common post divorce actions seek to enforce a child support order or modify a child custody order, although there are other issues that often require legal action.

After a court enters its orders, the court does not monitor the parties to ensure that its orders are being followed. In fact, with the exception of child support, which is often monitored by an outside child support agency of the government, it is up to the party being harmed to seek court intervention to enforce court orders. It is wise to consult with an attorney before asking a court to enforce its orders.

It is worth mentioning at this time that the enforcement of a divorce judgment relies on the judgment itself. If you handle your own divorce, then any action taken after that divorce will ask the court to the order it entered based on your marital agreement. In some situations, that order may not include all prerequisites required by the law for enforceability. Courts are not required to ensure that you understand the law.

Failure to Comply & Enforcement
When a court enters a final judgment of divorce, the judgment then becomes the official orders of that court. Each party is bound by and expected to comply with those orders. If one party fails to comply with the court's orders, the other party can then ask the court to enforce the orders.

Enforcement due to a failure to comply can result in a bench warrant being issued for the noncompliant person's arrest, an arrest, jail time, or fines. In some instances, a noncompliant spouse can be criminally charged. In other instances, civil damages can result. In most instances, the court will ask the noncompliant party why he or she is not complying with the court's orders, and provide the noncompliant party the opportunity to explain.

The important point here is that court orders resulting from a divorce action are still court orders, regardless of their civil nature. All court orders can be enforced through whatever means is available to the court by law.

Child Support or Alimony Enforcement
If the party ordered to pay child support or alimony fails to do so, the other party can ask the court to enforce a support or alimony order. In some situations, a third party can intervene and ask for enforcement, such as a child support agency might do if the nonpaying parent accumulates child support arrearages. What action the court will take to enforce a support or alimony order will depend on the final marital agreement or support order and the individual circumstances of the parties involved in the case. Courts can garnish wages, take tax returns, and even jail a person for failure to comply with a support or alimony order.

Custody or Visitation Enforcement
If a couple has children, then the final judgment of divorce will include an order regarding the physical and legal placement of those children. If one party fails to comply with the court's orders, the other party can seek enforcement of the court's orders. That type of enforcement can include court intervention, as well as police intervention or even arrest.

Child Support or Alimony Modification
Under Alabama law, either party can seek a modification to a previous court order for child support or alimony. When an Alabama court is asked to consider modification of a previous child support order, the court will consider the best interests of the child or children. If the modification request would not be in the best interest of the child or children, the court will likely refuse to modify the order.

If a party seeks modification of an alimony order, a court will usually consider whether a material change in circumstances has occurred that warrants the change in alimony.

Whether a person is seeking a modifications to a child support order or an alimony order, the ultimate decision rests with the court, but evidence can be presented regarding a material change in circumstances, or the necessity for an increase in child support that leads to a very favorable outcome. Your family law attorney will be able to advise you on the types of changes the court will find materially significant.

If you seek a change in the court's support or alimony orders, please contact Eversole Law to discuss your situation. Eversole Law offers a free initial consultation.

Custody Modification
Either party can seek a modification to a court's child custody order. In most instances, a court will only modify its orders if there has been a material change in circumstances and the change would be in the best interest of the child or children.