A Judgment of Divorce is a Supreme Court order that establishes legal rights, responsibilities and obligations of spouses. When these court-ordered obligations and responsibilities are not met by a divorced spouse, or if the responsibilities and obligations established under the Judgment are no longer fair or appropriate (usually as a result of a substantial and/or unforeseen change of circumstances), it may be possible to make an application to the court, seeking either to compel compliance with the order, or seeking to modify the requirements established under the court order.
Most post-divorce applications are made to the Supreme Court. However, under certain circumstances, the application may also be made to the Family Court. The specific facts and circumstances of each requested enforcement or modification will determine, in large part, how the application would be handled.
To discuss any issues or questions with respect to the enforcement and/or modification of obligations established pursuant to a Judgment of Divorce, please contact Lawrence
J. Schwind.