Post-Divorce Modification and Enforcement
Modification of Orders Concerning Children
As the needs of your family evolve after a divorce, unforseen changes can occur that require modification of agreements made concerning the parenting of your children. Although the state mandated Permanent Parenting Plans are designed to meet the needs of growing children, there can be changes in circumstance that warrant modification of child support, custody, parenting schedules, or the allocation of decision making between parents. Our experienced attorneys can help you decide when and how to approach the other parent about modifying your parenting plan and offer strategic planning advice and representation for settlement negotiations and mediation. We routinely represent parents in divorce and juvenile court should the need for litigation arise.
Modification of Divorce Settlements
Marital Dissolution Agreements (often called an MDA) are contracts entered into by divorcing parties that divide their marital and separate property and also provide for the payment of alimony. These contracts specify when and how the property is to be divded, including the terms of sale and deadlines for payment from one party to another. At times unforseen circumstances occur rendering a person incapable of complying with the MDA. Seeking relief from obligations imposed by a contract or re-negotiation of those obligations may be necessary.
Enforcement of Court Orders
Our attorneys regularly handle matters in which the Court is asked to enforce orders and/or hold a party in contempt of court for failure to comply with orders concerning:
- property division;
- child support;
- parenting time both during the regular day to day schedule and holiday time;
- payment of extracurricular expenses;
- payment of alimony; and
- any other provision in a court order.
Post-judgment petitions are frequently filed because a party has failed to pay the court-ordered child support or alimony obligation. In these cases a petitioner will typically seek to establish the obligor's default (failure to pay) and then obtain a judgment for the unpaid child support or alimony. The petitioner will typically also seek compliance with the court's order by wage withholding orders, garnishments, levies and liens. Further, depending on the state and the particular enforcement and contempt issue at hand, a defendant may be incarcerated and/or ordered to pay the petitioner's reasonable attorney fees.
Schedule a consultation with us to discuss your situation, whether your current court order must be modified, or to learn about options for enforcement of current orders and collection of past-due child support or other financial obligations.