Oh Yeah?! Well I am taking you Back to Court!

 Hopefully your divorce has been finalized for some time before you ever hear the phrase “I am taking you back to court.” If you had a good lawyer who made going to court very unpleasant for that person the first time during the underlying divorce case, it is unlikely that person will actually ever take you back to court again.
Going back to court after the Judgment is finalized should be about as fun as a root canal. Usually, the person threatening to go back to court is making an emotional threat after something didn’t go his or her way.  However, going “back to court” is not the panacea it appears to be. Before you threaten to take your ex back to court, keep in mind the following. Family Code Section 213 allows the other (non-filing) party to file for alternate relief. For example, let’s say that the ex-wife takes the ex-husband back to court to modify the custodial schedule and asks the Judge to take parenting time away from the ex-husband.  The ex-husband’s lawyer, if the facts suggest it is appropriate, should request that parenting time be taken away from the ex-wife and should state all the reasons why in the application. There is a very, very good chance that the Judge could side with the ex-husband, even though the ex-husband didn’t file the initial papers.  Family Code Section 213 makes it risky to go back into court. I have seen it happen where a party hastily runs into court and not only is their request not granted, the other parties 213 request is granted, and fees are ordered against the party who initially filed the court papers to make the change.
Another common example I have seen is this: moms who run into court to get child or spousal support increases, only to be hit with a support decrease after the hearing.  Or dads seeking to lower support payments get hit with an increase. In simple terms, you better not open a can of worms unless you are absolutely certain you can win your modification motion. Now, I don’t want to discourage you from enforcing your legal rights. How you craft the request to the Judge is absolutely critical in limiting the 213 alternative relief available to your ex. In 18 years of litigating high conflict custody cases, post Judgment motions on my cases are relatively rare, but they do happen. So, if you get served with papers to “go back to court”, don’t panic. Call my office and we will figure out the FC 213 relief to request.
For more information on how to best handle post Judgment motions, call 2014 and 2015 Super Lawyer of the Year Denise Placencio, Esq. at 1-877-317-8080. Your future and your kids deserve the very best.