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 | | Continuing Jurisdiction to Enforce Decree |
A court that renders a dissolution decree generally retains the power to enforce the property division made in the decree. The court may render further orders to enforce the property division made in the dissolution decree to assist in the implementation of or to clarify the prior order. The court may specify more precisely the manner of effecting the property division, as long as the substantive division is not altered or changed. The court has at its disposal a variety of methods to enforce the property division, including a clarification order, an order to deliver specific existing property, a money judgment, an order enforcing an award of the right to receive installment payments or a lump-sum payment, and enforcement by contempt.
Who may seek enforcement.
Any party affected by the decree may file a suit to enforce the property division.
Procedure to invoke jurisdiction.
The court's authority to enforce its property decree is invoked by filing a petition with the court that rendered the decree. The petition is filed in the previous cause number and is governed by the rules of civil procedure as an original lawsuit, requiring service of citation of opposing parties
Finality of divorce or annulment decree.
An order of enforcement does not alter or affect the finality of the decree of divorce or annulment being enforced
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