Now that the divorce has gone through the nisi period and finally been finalized, will there be anything to look out for from here and onwards? Also, what steps can you take if your ex-spouse does not abide by the terms of your divorce settlement?
1. What to look out for after the divorce
• Make sure to stick to the terms you agreed to during your divorce. These include the division of assets, alimony orders, child custody payments, and visitations, all of which should be done without delay and strictly adhered to the agreement.
• It is the parent’s right to be able to meet and see their child. Do not refuse to let the other see the child even if they are not paying for child support like they should be. Conversely, you may not stop child support payments just because the other parent will not allow you to see your child.
• In the United States, where joint custody is the norm, be aware of potential issues that may arise regarding custody. Prolonged travel or relocation with the child may become considered as wrongful child kidnapping. A temporary return to Japan during the summer vacation may also be assumed as wrongful kidnapping if without the consent of the other party. If you have any doubts or concerns, consider consulting a lawyer in advance.
a. Traveling and moving within the United States with a child
In Massachusetts, it is illegal to take a minor child out of state without stipulation in the divorce agreement to allow it or consent from the other parent. In addition, the above actions are considered felonies under the laws of all New England states, including Massachusetts, and can lead to prosecution. Be mindful of this when taking your child out of state for extended travel, relocation, etc.
b. International travel and moving with children
There is no problem with taking your child out of the United States if it is part of your divorce agreement. However, if a minor child is taken from outside the United States when it is not part of the agreement, under the rules of The Hague Convention, there is a possibility that the child will be taken back to their country of original residence with the request of the other parent. There is also the risk of criminal prosecution, as wrongful relocation of a child to overseas is classified as a federal offense under U.S law. Be extremely careful when returning to Japan with your child; even if the other party has given consent, you should carry something with you (such as a copy of an email or written document) that can prove their consent if asked.
• If circumstances have changed since the divorce was finalized and it becomes necessary to modify the details of the agreement, you will need to file a motion with the court as follows. Seek advice from a lawyer. If the parties change the terms of the agreement on their own without involving the court, this can lead to disputes later. It is therefore best to carry out the modification process properly even if it may be tedious.
a. Modification of Alimony
Modification of alimony is allowed if there has been significant change in the ability of the paying party to make their payments, or if there is significant change in the need for support for the receiving party of the alimony.
For details of the procedure, click the link below.
What you need – for Request to change your alimony.
b. Modification of child support
Even if both parents agree to a modification of child support, it still needs to be filed to court. For more information about the procedure, click the link below.
If only one parent agrees: File to change your child support if only one person wants the change
If both parents agree: File changes to child support if both parties agree to the change
c. Modification of custody/visitation rights
Even if both parents agree to a modification in custody and visitation rights, it still needs to be filed to court. For details on the procedure, click the link below.
Request to change a child custody or parenting time order
d. Other changes
Required forms for changing a judgment or temporary order by agreement
2. If the other party is not abiding by the terms of the agreement
• If assets are not being divided and/or alimony is not being paid according to the agreement
If assets are not being divided and/or alimony payments are not being made, you may file a complaint for contempt to the court that issued the divorce decree, and the judge will decide the amount to be paid and how it is to be done. If payments still are not made, it may be possible to have them enforced. Contact an attorney for assistance.
Probate and Family Court Complaint for Contempt (CJD 103)
• If child custody support is not being paid
If child support is not being paid for or is overdue, you may take the following steps below. Reception of child support is the right of the child, so if it is not being paid, consult a lawyer immediately.
a. Get assistance from the Child Support Enforcement Division
You can get assistance with child support payments by contacting the services provided
by the Child Support Enforcement Division.
Child Support Enforcement Division
b. Complaint for contempt
If you file a complaint for contempt with the court that issued the divorce decree, the judge will decide what amount is due and how it will be done. If payment is still not made, it may be possible to have them enforced. Contact a lawyer for advice.
Contact for Request overdue child support payments
• If you are being refused to see your child
If you are refused by the other parent to see your child, you can file a complaint for contempt with the court that issued the divorce decree.
Probate and Family Court Complaint for Contempt (CJD 103)
• If your child is removed out of state or country
If your child is removed out of state without your consent, the child is to be returned to their original place of residence according to appropriate state law, and if removed from the United States, they will be returned under the instructions within the Hague Convention and federal law. There is the possibility that the abductee will be prosecuted for kidnapping. Consultation with an attorney is advised.