San Diego Post Judgement Motions Lawyers

Post Judgement Motions

If you need to modify or enforce your California court order, you can achieve by either making an agreement with the other party or filing and requesting a court hearing. This is particularly useful if you want to seek the court’s help to change or enforce a divorce judgment or a parental rights and responsibilities order, which could determine child support and visitation rights.

Before requesting a hearing with the court, it is best to first attempt to reach an agreement with the other party. If you are able to reach an agreement, a Stipulation and Order needs to be signed by both parties and by the judge/commissioner. This agreement is only enforceable if done correctly, filed and signed by the judge/commissioner. If you are unable to reach an agreement, the next step is filing a motion to get a court date. Since both of these require knowledge about family law proceedings it is best to hire a knowledge Wallin and Klarich California family law attorney to assist you.

There are primarily two types of post-judgment motions you may need to file in California:

• Motion to Modify: This is a motion that you can file if you need to make any changes in your court order.
• Motion for Contempt: If the other party fails to comply with the court order, you can file a motion for contempt. The court will address the non-compliance and can either sanction or criminally penalize the non-complying party.

Whichever route you decide to take, the experienced Southern California Post Judgement Motions lawyers at Wallin & Klarich can guide you through the complex system and get what you want. Call us today to schedule a free appointment.

At Wallin & Klarich, we approach every case with the belief that the person we’re representing could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year. If you are involved in a family law matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-7428 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

Post Judgment Motions Overview

What happens if you have gone through a family law trial, and the court ruled against you? Consider hiring a Southern California family law attorney to file a post-judgment motion.

Like its name implies, a post-judgment motion occurs after the court has entered the judgment. From that time, you have set period of time to contest the family law court’s decision, or you will have to take your case on appeal.

After the trial, you can make a motion for a new trial, motion to vacate, or motion to set-aside the judgment, among other motions. In each of these motions, the party making the motion points out any potential procedural or legal mistakes made by the court or the parties during trial and requests the court review what happened. If the court agrees that a mistake occurred justifying relief and the court has the power to correct the mistake, the court will grant the motion.

If you or someone you know is dissatisfied with the judgment of the family law court, contact a Southern California family law lawyer to discuss your options. You have a brief period of time to make a post-judgment motion, so do not delay. A family law attorney can review the trial transcripts, research the law, and advise you whether you have valid grounds for a post-judgment motion or appeal. Family law can be complicated, so consult with a good family law attorney as soon as possible.

If you or someone you know wants to file a post-judgment motion, you will need an experienced Southern California family law attorney to closely review the facts and the law to see if your motion has merit. At Wallin & Klarich, we have helped people with post-judgment motions for over 30 years. Call us today at (888) 749-7428. We will be there when you call.

Post Judgment Motions What Are the Different Types of Post Judgment Motions?

There are several different types of post-judgment motions, but the most common are motions for new trial, motions to vacate, and motions to set-aside.

Generally, a court will grant a new trial under the following circumstances: an abuse of discretion by the court which prevented a fair trial, some accident or surprise that the parties had no reason to expect, newly-discovered evidence which has a probable chance of changing the outcome of the trial, insufficient evidence to justify the court’s decision, or the court’s decision violates the law. The moving party may have to attach declarations or exhibits in support of its motion.

The court then will set a hearing and make its decision sometime after the hearing. If the court chooses not to render a decision within a set time period, the motion is considered denied. However, the judge can grant the motion in whole or in part, and must describe in writing its reasons for granting the motion. If a new trial is granted, then it is as if the previous trial never occurred. The parties must relitigate the issue or issues per the court’s order.

For a motion to vacate and enter a different judgment, the moving party must show the court that the judgment conflicts with the statement of decision. The statement of decision sets forth the reasons the court ruled the way it did; thus, for a motion to vacate and enter a different judgment, there must be some conflict between the reasons for the court’s decision and the judgment.

A motion to set-aside means that the moving party should be relieved of an order, dismissal, or judgment because of some mistake or excusable neglect. This motion is appropriate when the moving party misunderstands the facts of a case, or the legal consequences of his or her actions. A set-aside motion may also be granted if the other party intentionally conceals or destroys evidence in a way that harms the moving party’s case.

If you or someone you know is dissatisfied with the judgment of the family law court, contact a Southern California family law lawyer to discuss your options. You have a brief period of time to make a post-judgment motion, so do not delay. A family law attorney can review the trial transcripts, research the law, and advise you whether you have valid grounds for a post-judgment motion or appeal. Family law can be complicated, so consult with a good family law attorney as soon as possible.

If you or someone you know wants to file a post-judgment motion, you will need an experienced Southern California family law attorney to closely review the facts and the law to see if your motion has merit. At Wallin & Klarich, we have helped people with post-judgment motions for over 30 years. Call us today at (888) 749-7428. We will be there when you call.

Post-Judgment Motions FAQs

1. If my former spouse intentionally concealed community assets and the court distributed all the known community property, does that mean the judgment is set aside and all the community property is redistributed?

Technically, the court has the power to do this, but redistributing all of the community property will require a significant amount of time and money, especially considering that the parties already spent time and money on the first trial. The court will probably just divide the concealed community property and force the former spouse to pay costs and attorneys’ fees, unless the concealment was so significant that the only fair thing to do is redistribute the entire community estate again.

2. If I find that a legal or factual error occurred at trial, does that mean that the post-judgment motion will be granted?

No. Not only must there be a legal or factual error infecting the trial, but the moving party must show that the legal or factual error negatively affected the moving party’s rights. It’s not enough to show that a mistake occurred, the moving party must show that the mistake harmed the moving party, and that if the mistake hadn’t occurred, the moving party would have had a more favorable judgment.

3. What happens after the court denies a post-trial judgment? Is there anything else I can do to contest the judgment?

After a court denies the post-trial judgment, that court no longer has the power to hear the case. If you wish to further pursue legal action, you will need to file an appeal.

4. I didn’t like my previous attorney’s representation during the family law attorney. Could his or her representation be a legal basis to set-aside the judgment?

It depends. The court has the discretion to set aside the judgment if an attorney made certain types of mistakes, depending on the facts and the complexity of the law. To determine whether the mistake was the kind that justified a set-aside motion, contact a Southern California family law attorney.

If you or someone you know is dissatisfied with the judgment of the family law court, contact a Southern California family law lawyer to discuss your options. You have a brief period of time to make a post-judgment motion, so do not delay. A family law attorney can review the trial transcripts, research the law, and advise you whether you have valid grounds for a post-judgment motion or appeal. Family law can be complicated, so consult with a good family law attorney as soon as possible.

If you or someone you know wants to file a post-judgment motion, you will need an experienced Southern California family law attorney to closely review the facts and the law to see if your motion has merit. At Wallin & Klarich, we have helped people with post-judgment motions for over 30 years. Call us today at (888) 749-7428. We will be there when you call.