After a divorce or family law case, it is important to follow the directions of the court. When judgments and orders are passed down, the parties must abide or appeal. When a party faces a significant change in circumstances, requesting a modification may be appropriate. When a party ignores an order or judgment, the other may request the court’s intervention, called an enforcement order. When facing any post-judgment action, it is important to discuss your case with an experienced attorney. For over a decade, The Law Office of Peter L. Jameson, PLLC has been a legal resource to the Lower Hudson Valley. For a consultation with an effective attorney, contact The Law Office of Peter L. Jameson, PLLC.
A person who is the victim of an ex-spouse improperly following a court order or ignoring it altogether may request intervention through a violation petition, also known as an enforcement petition. The court will investigate the matter and act accordingly. If it finds a willful violation of an order, the accused should have the chance to demonstrate an acceptable reason for the violation. If unsuccessful, he or she could face serious legal problems, including a change in the order and contempt of court.
Child custody enforcement orders: If the court finds a willful violation of a court order regarding child custody, the violator could face a range of consequences, including arrest and a change of custody arrangement. The court will always act in the best interests of the child.
Child support enforcement orders: Child support is a significant divorce issue and the spouse obliged to pay can face consequences if he or she disregards a court’s order. Even paying too little can lead to trouble. The court has the discretion to recover past money on behalf of the custodial parent through the Support Collection Unit (SCU). These actions can include garnishing wages or payment through a lump sum.
Spousal maintenance enforcement orders: Similar to child support, an enforcement petition can request the court’s intervention to recover funds after an alimony order is ignored or improperly followed. The court may require an employer to withhold a certain amount of money and send it directly to the dependent party, called an income execution The court may only use the Support Collection Unit if the violation is for both child support and alimony. Again, the court can take steps to further hold a party accountable.
Judges decide divorce and family law cases based on the current circumstances. A court cannot predict whether the order issued will be viable a few years down the road. If a party’s situation changes, it is important for one to take legal action to convince the court to modify the order.
Child Custody and Visitation Modification: Matters of child custody are often the most emotional parts of a divorce or family law situation. In some cases, a child custody or visitation arrangement may need a modification due to unforeseen circumstances. The legal standard for a modification is quite high. If a parent can prove why it is necessary for the court to modify custody, a judge may be willing to reevaluate the case. Some reasons a parent may request a child custody modification include:
Child Support Modification: In New York, child support is determined based on the Child Support Guidelines in combination with many other factors. However, when a parent has a significant change to one’s financial status, it may be appropriate to request a modification. It is important to note that if a parent is purposefully unemployed or underemployed to avoid paying child support or request a higher payment, there could be consequences. Some of the valid reasons to request a modification for child support include:
Spousal Support Modification: In some divorce cases, the judge may order one spouse to make payments to the other until financial independence. However, when the paying spouse has a significant change in circumstance, he or she may find it exceedingly difficult to make these payments. While the spouse cannot simply stop making payments, requesting a modification of spousal maintenance from the court may be appropriate. The court may consider changing an obligation if the spouse is facing:
The Law Office of Peter L. Jameson, PLLC recognizes the impact the violation of a court order has on an individual and the family. If you need assistance in a post-judgment action, our firm is ready to represent your needs and help you recover the money you deserve. For a consultation with an effective law firm, contact The Law Office of Peter L. Jameson, PLLC today.