Family Law Attorney in New York, New York
Post Judgment Actions
Post Judgment Actions
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A post-judgment action is appropriate when, after trying to work things out with your spouse, you need to compel enforcement of what was agreed to under the divorce decree and/or separation agreement. This will come up typically in two scenarios.
One is property that was supposed to be transferred upon the happening of the divorce or the signing of the separation agreement and it never happened. The other scenario, it would be unpaid child support, unpaid child support add-ons, or unpaid spousal support that is accrued over time.
In one scenario you’re filing the post-judgment in order to transfer the title or transfer the property that was supposed to be transferred under the separation agreement. In the other scenario, meaning the unpaid support, you would need to keep a calculation of how much is owed. You may be entitled to interest on top of the money that’s owed, depending upon your facts. You would need to file an application with the court asking the court to direct either A, when there was assets that were supposed to be transferred under the separation agreement and/or divorce degree. Or B, when there is unpaid child support, spousal support, or child support add-ons.
The mechanism by which you would do this is by taking the agreement, along with proof of either the payments weren’t made or the asset wasn’t transferred, and you would make an application to the very court which issued the divorce judgment asking them to enforce the terms of the divorce agreement as written. And be able to demonstrate, if it’s a money amount, how much is actually owed.
When that happens, the burden shifts on the person who owes the money to demonstrate that they have paid it. Or provide a plausible excuse as to why they didn’t pay it. And even when they have a plausible excuse, that doesn’t necessarily take them off the hook for the application.
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New York, NY divorce attorney, Ken Jewell talks about when a post-judgment action should be pursued. He explains that a post-judgment action becomes necessary when, after attempting to work things out with a spouse, one needs to enforce the terms of the divorce decree or separation agreement. Typically, this arises in two situations.
The first scenario involves property that was supposed to be transferred upon the finalization of the divorce or the signing of the separation agreement but never was. The second involves unpaid obligations, such as child support, child support add-ons, or spousal support that has accrued over time.
In the case of property, a post-judgment action is filed to compel the transfer of the asset as originally agreed. For unpaid support, the process requires maintaining an accurate calculation of what is owed, including any potential interest, depending on the circumstances. An application is then submitted to the court requesting enforcement of the agreement or decree, whether it concerns the transfer of assets or the payment of support.
The procedure involves presenting the agreement along with proof that the payments were not made or the property was not transferred. The court then has the authority to enforce the terms as written. Once the application is filed, the burden shifts to the party who owes the money or property to demonstrate that the obligation has been fulfilled or to provide a reasonable explanation for the failure to comply. Even a plausible excuse does not automatically relieve them of responsibility under the agreement.
