Whether by trial or stipulated agreement, a party to a final dissolution judgment often find themselves in need of presenting post-judgment issues before the family court.
MODIFICATION
Due to the other party’s increase in income, a party’s loss of employment, a party moving to another location, the changing needs of a child, or party, modification procedures allow the family court to adjust or modify previous orders and judgments. However, a party intending to modify a custody order previously intended as a permanent order must show a significant change in circumstances affecting the child.
NEWLY DISCOVERED ASSETS
It is not uncommon for a party to a dissolution to discover previously hidden assets, bank accounts, property held by the other which were never disclosed before a judgment was entered in the family matter.
California Family Courts always retain jurisdiction over any community property not previously adjudicated in a family matter. Not only do you have a right to present the issue before a family court after a judgment has been entered, but also, the party who hid the property may be liable for attorney’s fees, and a greater share of the interest in the property.
ENFORCEMENT
If you find the other party refusing, failing, or ignoring the court order, you may use one of the most effective means of enforcing that order by way of a contempt proceeding. Contempt proceedings are quasi-criminal proceedings with the exposure of not only sanctions and restrictions of previous orders, but also incarceration in a local county jail. These proceedings require an evidentiary hearing. In order to effectively prosecute or defend the matter, you will need an experienced and knowledgeable attorney versed in procedure, evidence, and the family law courts.
