Post-Judgment Motions and Appeals
Post Judgment Motions
After you receive a final judgment of dissolution or paternity, circumstances can change. Children grow and their needs as a teenager are different from when they were a toddler, necessitating a change of custody or visitation. A parent may need to re-locate and want to move the child with him or her. You might lose a job or a child’s parent may obtain a large raise. All of the above are reasons to modify child custody and visitation, child support or spousal support.
It is also possible that, after receiving a divorce decree, you need assistance enforcing the terms of the judgment. For example, the sale of a home was agreed upon and your former spouse refuses to put it on the market or you need direction as to the division of retirement accounts. Perhaps you have a final divorce decree from another state and need to enforce the terms in California or an asset was omitted in the original division of property.
Maybe your judgment was not decided correctly under the law. While the courts have quite a bit of latitude in deciding family law matters, there are laws and procedures that must be followed. Upon occasion, judges do not make proper orders or rulings and these decisions can have a profound impact on your life. It is not easy to overturn a judgment or judge’s ruling, but under the right circumstances, it is certainly possible.
An appeal is when you ask a higher court (i.e., the Appellate Court) to review the decisions made by a trial judge on your case. Setzer Family Law is experienced in advising clients as to whether or not they have grounds for an appeal. Contact our office to schedule a consultation to help answer your questions on these very important issues.