Modifications & Enforcement of Judgments

Practice Area

Modifications & Enforcement of Judgments

Life is all about change, and perhaps nowhere is this more evident than the field of family law. A parent may need to relocate; the economic circumstances of a party in a maintenance or child support case may change; and, the custody or visitation schedule may need to be adjusted because of changes in the parents’ circumstances or to meet the child’s best interests. 
Any of these circumstances may necessitate changes to the existing court order. A motion to modify is a party’s written request (i.e. pleading) to the court to change a prior order regarding custody, child support, maintenance, or any other order that the court may change by law.

There are several types of motions to modify, including:
  • Motion to modify child support: Common reasons for seeing a modification of child support include a change in the economic circumstances of the parent who is paying child support or the parent who is receiving child support, a change in the custody arrangement between the parents or increased school, medical, or extracurricular expenses for the child. A substantial and continuing change in circumstances is required. 
  • Motion to modify child custody or visitation: Modification of a child custody or visitation arrangement may be sought for many different reasons, including a parent’s relocation, concerns about the child’s welfare, changes in the needs of the children as they get older. To modify the custody/visitation schedule, the party seeking the modification has the burden of proving that there has been a change in circumstances and that the requested modification is in the child's best interests.
  • Motion to modify spousal support: Modifications to spousal support, also known as maintenance or alimony, are often sought when there is a substantial change in the financial resources of either party, the earning capacities of the parties, remarriage or cohabitation. The party seeking the modification must prove changed circumstances so substantial and continuing as to make the prior order unreasonable. Not all orders for spousal support are modifiable. Often when two parties reach a settlement for spousal support the maintenance may be non-modifiable, also known as contractual maintenance with a specific end date. 
Orders pertaining to the division of property and debt as part of a divorce or legal separation judgment cannot be modified in the future.

Enforcement of Judgments

Sometimes people do not do what they have been ordered to do. If one party is ignoring or failing to comply with a judgment, legal action can be taken to enforce the judgment. The attorneys at The Center for Family Law are dedicated to protecting their clients’ interests in this way. 

Failure to follow a spousal support order in a divorce judgment or the condition set forth in a child custody plan or child support order results in hardship for the family, both economic and emotional. The other parties must return to court to file a motion for contempt to force the non-cooperating party to follow the order. 

When a judge enters an order of contempt, a former spouse or party may face:
  • Garnishment of wages
  • Seizure of property through a lien attachment
  • Changed child custody arrangements 
  • Fine
  • Jail time
Even if a contempt order is not entered, the person owing money may still have his or her wages garnished or have liens placed on his or her property.
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