Post-Judgment
Providing Assistance for Post-Judgment Matters
Although many believe otherwise, a case does not necessarily end after a Judgment has entered. While it is certainly a relief to be through with the settlement or litigation aspect of your case, there is often much to be done after the entry of a Judgment to ensure both parties are in compliance with the terms, as further discussed below. In other cases, there are often issues of non-compliance or changes in circumstances that require court intervention or further negotiations down the road. In any case, our attorneys are here to help with any and all of your post-judgment issues.

Post-Judgment Options
Modification
Contempt
Post-Agreement
Modification
While it should always be the goal to draft carefully crafted language into your Agreement that considers likely future circumstances, it is of course impossible to account for every potential scenario. This is why the Court allows parties to modify many of the provisions in their Judgment in the event that “a material change in circumstance” occurs.
However, it is important to note that the language contained in your Judgment could limit your ability to modify certain provisions, so it is best to consult an attorney to ensure that the provision you want to modify is in fact modifiable.
For example, if the parties agree at the time of divorce that the wife will continue to pay for her husband’s medical insurance until he is eligible for Medicare, and the Judgment states that the provisions regarding health insurance survive (which means that they cannot be modified), then a Complaint for Modification would not be successful, even if circumstances changed where the wife could no longer afford to pay for her former husband’s health insurance because she was laid off. This is why it is SO important to consider potential future outcomes when negotiating an Agreement.
However, it is important to note that the language contained in your Judgment could limit your ability to modify certain provisions, so it is best to consult an attorney to ensure that the provision you want to modify is in fact modifiable.
But what is considered a material change in circumstance?
Any number of things could amount to a material change in circumstance that would warrant the filing of a Complaint for Modification. However, some examples of potential changes in circumstance are as follows:
- An involuntarily termination of employment, decrease in pay, or reduction in hours
- An increase in income
- A change in a parent’s work schedule requiring a modification of the parenting plan
- A change in a child’s schedule resulting in the need for a change in the parenting plan – this typically occurs when a child enters preschool or kindergarten, but could also be applicable for other schedule changes such as extracurricular activities
- A child turning 18 or moving away to college
- A party who is receiving alimony from a former spouse, cohabitating with a new significant other
- A party paying alimony reaching full retirement age
- A change in the needs of a child, possibly due to disability, illness, issues in school, behavioral problems, etc.
- A change in the behavior of the parent resulting in their parental fitness being in question – issues with drinking or drugs, irresponsible parenting, allegations of abuse, etc.
- A party becoming disabled or severely ill resulting in the need to modify support or the parenting schedule
- A change in the parenting schedule that results in one party having significantly more time than the other
- A party no longer having health insurance available to them
- A party wanting to move out of state with the child(ren)
- A party moving within the same state, but far enough away that the current parenting schedule is no longer feasible
- The parties are unable to co-parent and make joint decisions regarding a child’s medical care, education, well-being, etc.
If you are considering seeking a modification of your divorce or custody judgment, it is always recommended to consult an attorney before filing any documents with the Court, to ensure a modification is warranted in your situation, and that all factors and potential outcomes have been considered. We have advised countless clients relative to modifying their judgments and would be happy to guide you through the process.
For a free initial telephone consultation, please contact us at 978-263-4160.
Contempt
Unfortunately, it is far too common that after a court issues an order or a judgment, one party will, willfully and knowingly fail to abide by it – whether it is regarding support, parenting plan, insurance obligations, legal custody, asset division, or any number of other issues.
When an opposing party fails to fulfill their obligations in accordance with a court order or judgment, the best course of action is usually to file a Complaint for Contempt. These Complaints can be filed during an open divorce or custody case or years after the conclusion of said case.
Finding a party in contempt is the way in which a judge enforces their order or judgment. Those found in contempt can face a wide array of consequences such as:
When an opposing party fails to fulfill their obligations in accordance with a court order or judgment, the best course of action is usually to file a Complaint for Contempt. These Complaints can be filed during an open divorce or custody case or years after the conclusion of said case.
- Having to make the other side whole by paying their reasonable attorneys’ fees and costs;
- Monetary penalties such as having to pay sanctions, or having interest or other fees added to arrearages, if applicable
- A modification of the parenting schedule or even a change in custody of the children;
- Getting sentenced to jail time – in some cases, the jail sentence will be suspended and the party in contempt will be given the opportunity to get compliant, while in other cases, the judge will remand the party to jail immediately.
Massachusetts case law states that there cannot be a finding of contempt if the language is ambiguous – meaning that “it is susceptible to more than one meaning and reasonably intelligent persons would differ as to which meaning is the proper one.”
Again, this is why the language set forth in any agreement is SO critical – because if it is open to any sort of interpretation, the chances of it being enforced are slim to none.
Even when one can prove a clear and undoubted disobedience, and even when the language is clear and unequivocal, there are several defenses to a contempt action that should be considered prior to filing the Complaint.
Again, it is best to speak with an attorney about the strengthens and weakness of your case and your chances of success prior to seeking court intervention.
We understand how frustrating it is to deal with someone who violates a court order and at Foley & MacAdie, P.C., we are here to help. If you’d like to schedule a consultation to discuss a potential contempt action, please contact our office at 978-263-4160.
Post-Agreement
After a Judgment has entered in your case, whether it is the result of a Separation Agreement negotiated by the parties or a trial before a Judge, the matter is often far from over.
Upon receipt of a Judgment, it is imperative that you review each and every one of your obligations and ensure that you are in full compliance with same. If you are not clear on what your obligations are, it is crucial that you discuss this with an attorney immediately! If you fail to comply with any of your obligations in accordance with your Judgment, there could be serious consequences.
Our office assists clients with a wide array of post-action matters including, but not limited to: preparing Quitclaim Deeds to transfer real estate interests, facilitating the preparation and approval of the QDRO or DRO in order to equally divide retirement actions, assistance with name changes for spouses post-divorce or for children if a judge has ordered a change to their last name, setting up child support accounts with the Department of Revenue, and a variety of other matters.
Upon receipt of a Judgment, it is imperative that you review each and every one of your obligations and ensure that you are in full compliance with same. If you are not clear on what your obligations are, it is crucial that you discuss this with an attorney immediately! If you fail to comply with any of your obligations in accordance with your Judgment, there could be serious consequences.
In addition to issues of compliance with an agreement, there are also other issues that should be considered following divorces. For more information, please check out our blog post: Your Post-Divorce Checklist.
And if you require assistance with post-action matters, please contact our office at 978-263-4160 for a free initial telephone consultation.
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Limited Assistance
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Learn more about our
Limited Assistance
Representation Services
Limited Assistance
Representation Services
Have your circumstances changed since the conclusion of your case?
Have your circumstances changed since the conclusion of your case?
We are here to help! Set up an initial telephone consultation today.