POST-DECREE ISSUES

Relationships do not evaporate after a divorce is finalized, particularly when there are children involved.  Instead, families are merely transformed from a one-home configuration to a two-home configuration with similar communicational barriers and complications.  It is not uncommon for post-decree issues to arise even if the divorce itself was fairly amicable.  One party remarries or attempts to move.  Old wounds are opened and emotions flare.  Often post-decree custody litigation can be as complex and high-conflict as the original parenting determination.

Post-decree issues may arise out of spite for the divorce or the other parent:

Non-Compliance/Contempt

Or in less conflictual situations, if one or both parents experience a substantial change in circumstance:

Job Relocation
Unemployment
Remarriage
Substantial Increase In Income

HANDLING POST-DECREE ISSUES

Potential modifications or clarifications can either be litigated or negotiated outside of court in a mediation setting.  Mediation provides a non-confrontational alternative for those experiencing substantial changes which seem to unavoidably impact the Parenting Plan.  In these cases Mediation can often preserve relationships and ease tension in a time of stress, rather than adding to the current level of pressure and anxiety.  In Non-Compliance cases, the parties can evaluate the presence or cause of non-compliance and determine if clarification and/or modification of the current terms is necessary.  In either case, the parties are able to present their positions and work collaboratively to resolve the post-decree issue. 

RELOCATION

Issues may arise if one parent seeks to move out of the jurisdiction due to relocation or remarriage etc.  This type of situation usually introduces complex issues which are difficult to resolve independently, and are challenging for the judge to effectively navigate.  Litigating relocation issues post decree is quite costly, and there is no assurance to either party that they will win.  Mediation provides a non-adversarial forum for sifting through scheduling/residency options which may be viable in potential relocation cases.  The Mediator is able to keep the parties focused on the best interest of the children both long and short term, while honoring the positions of each parent. 

CHILD SUPPORT MODIFICATION

Parties might seek a modification to child support due to a job loss, decrease in earnings, change in parenting schedule, disability of a parent, modifications to child care arrangements, changes in children’s needs etc.  Rather than spending more money litigating a potential modification, parties can mediate to determine agreeable terms moving forward.  Any agreement can be presented to attorneys for review and filing.

SPOUSAL MAINTENANCE MODIFICATION

Spousal support awards are only subject to modification if it is clearly stated in the separation agreement or decree of divorce or dissolution.  Sometimes issues arise when one party believes the requirements for termination of payment have been met, while the other party disagrees.  Mediation provides a forum for clarification and collaborative planning.

MODIFICATION OF PARENTING STATUS

Parties might seek to modify the previously agreed upon parental rights and responsibilities due to a change in circumstances.  The request might be made to shift residential custody from one parent to the other, or to modify the terms of the shared parenting plan.  While the court will often grant changes which are agreeable to both parties, it is unusual for them to approve contested modifications of this type unless the change in circumstance is substantial and clearly in the best interest of the children.  There are many statutory factors that a court must consider in determining whether a change of custody is in the best interests of the children.  The benefits of Mediation in this type of situation mirror those in pre-decree conflict situations. 

CASES OF CONTEMPT

When one party is not complying with a court order the other party can either litigate or mediate (or both). Such violations might include denial of parenting time or harassment, financial violations (failure to pay child support, uninsured medicals, tuition etc), failure to transfer assets or title to assets, or any number of other issues.  Mediation can help the parties clarify which court orders are being disregarded (if any), determine the underlying causes of non-compliance, navigate a plan for prevention of future issues.  In the case that mediation is unsuccessful at providing relief, the parties maintain the right to litigate.