Post-judgement Modification and Enforcement

Post-judgement Modification and Enforcement

 

  It is often necessary to enforce or modify child custody orders and child support orders after the initial judgment.

 

Enforcement and Contempt

 

  From the time that a court issues an order in your case, the law expects that the conditions of the order will be followed. You have the right to be confident that you will receive the benefits contained in all official actions and court orders. If your ex-spouse is not complying with the conditions of your divorce, child custody, or child support order, including parenting time orders, and you are not receiving the benefits that you have been awarded, you are entitled to obtain those benefits. You have the right to enforcement of the judgment. If either party violates a court order, the other party may compel the violating party to appear and answer to the court concerning violation of the order. The individual violating the order could face incarceration, orders to correct the violation, and orders to pay the legal fees and costs of the contempt action.


Modification

 

  You also have the right, within limits, to modify the terms of the original judgment with respect to spousal support, child support, child custody and parenting time. As a general rule, you do not have the right to modify terms of the original judgment regarding the division of property, although you do have the right to enforce the original property division.

  There are specific requirements that must be met in order to modify each of these provisions. We would be happy to discuss the specific criteria for modification in your situation.

  If you are not receiving the benefits that you have been awarded by court order, or if you need to modify your existing order, we can help. Please contact us to schedule an appointment.