Often there are post-decree issues months or longer after a divorce is finalized. The most common reason is your ex-spouse is not complying or your ex-spouse has accused you of not complying with your Final Decree and Judgment of Divorce. Typically, one party believes the other is:
- Not following the parenting time order;
- Not properly caring for the child;
- Not paying court ordered child support and/or spousal support; and/or
- Not taking care of a financial responsibility per your Decree.
Other reasons include remarriage, moving out of the school district, children's school and activity schedules, job changes, and many more.
What is filed in Post-Decree Issues?
A motion stating what the issue is and the remedy you are requesting. For example, if your ex-spouse is not properly caring for your child, you would likely file a Motion to Terminate Parenting Time/In the Alternative, for Supervised Parenting Time. In the motion, Attorney Fogt would provide relevant background, state what the issue is, and why you should receive the remedy you have requested.
Show Cause (Contempt)
Show Cause, otherwise known as Contempt, means that one party is not complying with a Court Order. Attorney Fogt would file a Show Cause explaining to the Court what terms and/or conditions your ex-spouse is violating and request for the appropriate remedy as well as attorney fees, filing fees, and costs.
When defending against a Show Cause, Attorney Fogt will likely submit a responsive pleading detailing why you are not in contempt.
What is the process?
The initial process depends on the issue and the circumstances. Sometimes, a simple letter from our office to your ex-spouse stating the issue and posing a solution resolves the issue and/or leads to an Agreed Entry. An Agreed Entry is what it sounds like; you and your ex-spouse submit an Agreed Entry resolving an issue. For example, you and your ex-spouse may change parenting time and submit your Agreed Entry to Court modifying your parenting time.
If a letter does not lead to resolving the post-decree issue, then Attorney Fogt will file the necessary motion and/or show cause and related forms with the Court. The Court will then set the case for hearing. Then Attorney Fogt's process server will serve the opposing party with the motion and/or the show cause as well as the notice of the court date.
Depending on the Court and the circumstances of the case, the case will either be a pre-trial to see if the parties can work it out or be set for full hearing where each party will make their argument. The Court will then issue a written decision at a later time.
Fogt Law Can Help You.
You can depend on Attorney Christopher M. Fogt's experience and knowledge as well as his trial skills to ensure that you receive the best possible outcome. He listens to his clients so that he understands their goals and priorities. All clients are unique. He communicates well with his clients, opposing counsel, and the Court. He also provides straight-forward advice.
Attorney Fogt is happy to help those that had other attorneys during their divorces. He will gather all pertinent information from your case, including your file from your attorney, if needed. Sometimes it is best to have a different attorney take a fresh look to help you.
During your initial consultation with Attorney Fogt, he will advise you whether you should and how to proceed with post-decree issue. He values your time and money and will not waste either, and therefore will always provide you with honest advice.
Attorney Fogt practices Family Law in Montgomery County, Greene County, Clark County, and Warren County. He has and is willing to practice in other counties on request.