Court orders with respect to alimony, child support, and visitation are subject to “modification,” or changes, as one or both parents’ circumstances change. Modification may allow for a reduction in the amount owed to the parent collecting child support, before the parent owed seeks enforcement of the original support order in your divorce decree. To change a court order that is in place requires that you file papers with the court for modification. Our faw firm is here to assist you and to make sure everything is filled in correctly and filed in a timely fashion.
If the parties to divorce do not abide by the order handed down by a court, enforcement procedures may ensue. As a result, they can be found in contempt of court and ultimately jailed. Before that happens, there are many other methods that can be used to attempt to enforce or modify the court’s order. You can petition the court to reduce your payments due to financial hardship, rather than skip payments and risk contempt. Another possible modification may be to the payment schedule. You could request a change to quarterly payments, for instance, rather than the more standard monthly requirement.
It is critical that you have an attorney who is well-versed in all modification options, including reduction, and who can help you should enforcement become an issue.
Modification of Court Orders Questions
If you want to modify custody within a year of the last order you must show that the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development OR that the parent with custody has consented OR that the parent with custody has relinquished possession for at least six months.
In order to modify custody on a temporary basis you must show that the temporary order is necessary because the child’s present environment may endanger the child’s physical health or significantly impair the child’s emotional development OR that the parent with custody has relinquished possession for at least six months OR the child is at least 12 years of age and expresses to the Court in chambers their desire to live with the other parent.
All custody modifications are subject to a finding by the Court that the change is in the best interest of the child.
You can enforce the property division and seek the delivery of property, a money judgment, or contempt. If you are seeking to recover tangible property, you must do so within two years of the divorce decree.
If alimony was ordered by the Court, you can file a motion to reduce by showing a material and substantial change of circumstances.
You cannot file to first obtain alimony after the divorce is granted.