Post-Judgment Modification Enforcement And Contempt

Knowledgeable Assistance When Changes Are Needed

After you’ve settled all of your disputes and decided what to do about property division, alimony, and every other aspect of how you will relate to each other in the future, you may feel the story’s over. That’s not always the case.

One or both of you may discover, after everything has been settled, that the conditions you agreed to don’t work for you. Perhaps support payments are too high or too low, or child care arrangements are unrealistic.

Our family law lawyers can help you make the changes you need. If you cannot mutually agree to a change, you may need to change the conditions through a post-divorce modification through the court.

Unfortunately, it’s not as simple as saying “I don’t like this agreement anymore.” For the court to intervene, there must be a substantial change in circumstances.

It’s Not For Small Stuff

When deciding whether or not to grant a post-judgment modification, the court looks at a certain threshold to define “substantial change.” Some substantial changes may include changes in:

The needs of your children as they change and grow, particularly if they are older and wish to change who they live with
Income or employment for either spouse
Marital status or cohabitation arrangements for either spouse
Location, including moving to another city or state, coupled with other factors

Enforcement

Our family law lawyers can also step in if enforcement of your current arrangement is an issue. Many of our clients deal with problems, such as failure to cooperate in time-sharing agreements, or pay support. If, for example, there is a valid order to pay support and your spouse has refused to pay even though he or she has the ability to do so, we will argue your case, so that your former spouse can be found in contempt of court and the order enforced.

Enforcement usually involves going before a magistrate, with the matter treated as a mini-lawsuit in which there is only one issue in conflict.

If your conflict involves failure to pay child support, our lawyers will help you determine the most efficient course of action.