Post-Dissolution Issues
by: Montana Legal Services Association (MLSA)
These are issues to consider after your dissolution (divorce) or parenting plan is finalized.
Remember to follow the decree!
When the court grants your dissolution, it will issue a "Final Decree of Dissolution" ending the marriage and resolving the issues raised in the dissolution. Keep a copy of the Decree and the Final Parenting Plan in a safe place. Make sure to follow the orders in the Decree, including:
- Paying your portion of the marital debts as soon as possible; and
- Making sure vehicle and other titles are signed over to the appropriate party.
If you receive support payments directly from the other parent:
- Keep a written record of all payments; and
- Make copies of all checks, and keep them in a safe place.
If you changed your name as part of the dissolution:
- Keep your conformed copy of the Final Decree as proof of the name change;
- Notify the Social Security Administration (SSA) and complete the necessary forms to receive a new identification card;
- Update your driver's license with the Department of Motor Vehicles;
- Change your name on other important legal papers (e.g, powers of attorney, living wills, trusts, and contracts); and
- Notify other people and institutions with whom you have contact (e.g. friends and family, employers, schools, post office, banks, creditors, telephone and utility companies, insurance agencies, the Public Assistance office, etc.).
Some tax issues to keep in mind:
- The IRS assumes that the parent who has the children most of the time is entitled to the exemptions, but parents are allowed to trade them back and forth, using IRS Form 8332.
- Your marital status for tax filing is set as of the last day of the year. If you are still married on December 31 (and you file as of a calendar year, as most people do), you must file as married (either jointly or separately). If you are divorced as of December 31, you must file as single (either as head of household or not).
- Contact a tax professional if you have further questions or think you may be eligible for other tax credits.
Can I get the parenting plan changed later?
If there is a change of circumstances, and it would be in the best interests of the children to change the parenting plan, you can ask the court to change or "modify" the previously established plan. In addition to the factors used to determine the best interest of the child for the original plan, the court may consider additional factors, such as: whether both parents agree to the change, whether one parent has changed or intends to change the child's residence, whether one parent has refused to allow the child to have contact with the other parent, and (if the child is 14 years of age or older) whether the child wants the changes.
What do I do if I want to change the parenting plan?
First, you should look at your Final Parenting Plan to see if there is a section on Dispute Resolution. If you agreed to try mediation before going back to court, you should initiate mediation by following the process described in the plan. If the plan does not specify who should do the mediation, try to find a mediator who can do the mediation for you.
If you cannot work out your disagreements through mediation, or if your plan does not provide for mediation, you will probably need an attorney to amend your plan through the court.
What do I need to do if I decide to move?
A parent is required to give the other parent 30 days written notice before making any move that will "significantly affect" the other parent's contact with the children (M.C.A. § 40-4-217). You must give notice by certified mail or personal service, and you must file proof of service with the court. You must include a proposed revised residential schedule with the notice.
Thirty (30) days notice gives the other parent time to ask the court to change the residential schedule. If you move to another state with your children without giving written notice to the other parent or getting the other parent's consent, you may be charged with "aggravated visitation interference." You could be fined up to $1000 and imprisoned up to 18 months. You may also be held in contempt of court (M.C.A. § 45-5-632). Revised 7/02
Call the MLSA HelpLine for legal information:
(800) 666-6899
Montana Legal Services Association
616 Helena Avenue, Suite 100
Helena, Montana 59601
(406) 442-9830
(800) 666-6124
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