Post Domestic Motion Law & Legal Definition

A post decree motion is a motion filed after the announcement of the decree in a domestic case. Post decree motions may be filed in order to get a modification of an order, to change the custody or residence of a child, or to get a modification in maintenance amount. A motion on a factual matter usually requires that it be filed with a supporting affidavit.

A motion is a request asking a judge to issue a ruling or order on a legal matter. Usually, one side files a motion, along with notice of the motion to the attorney for the opposing party, the other side files a written response, and the court holds a hearing, at which the parties give brief oral arguments. Motions are often made before trials to resolve procedural and preliminary issues, and may be made after trials to enforce or modify judgments.

The following is an example of a state law dealing with post-decree motion:

K.S.A. § 60-1621: Post-decree motion docket fee.

(a) No post-decree motion petitioning for a modification or termination of separate maintenance, for a change in legal custody, residency, visitation rights or parenting time or for a modification of child support shall be filed or docketed in the district court without payment of a docket fee in the amount of $ 42 on and after July 1, 2008 through June 30, 2010, and $ 40 on and after July 1, 2010, to the clerk of the district court.

(b) A poverty affidavit may be filed in lieu of a docket fee as established in K.S.A. 60-2001, and amendments thereto.

(c) The docket fee shall be the only costs assessed in each case for services of the clerk of the district court and the sheriff. The docket fee shall be disbursed in accordance with subsection (f) of K.S.A. 20-362, and amendments thereto.

(d) The docket fee established in this section shall be the only fee collected or moneys in the nature of a fee collected for the docket fee. Such fee shall only be established by an act of the legislature and no other authority is established by law or otherwise to collect a fee.