Post Decree Matters (Enforcement & Modifications)

Post Decree Matters (Enforcement & Modifications)

Family law courts aim to enter <b>DIVORCE </b>  judgments and parenting plans that are final, but life’s circumstances can change, rendering prior orders unpractical after the order is finalized by a Court.  Moreover, unfortunately, people do not always abide by the terms of court orders, which can create a great burden to the other party. While certain aspects of a final order are permanent, such as property division for example, other aspects, such as parenting plans, can be modified upon a substantial change in circumstances.

 

Circumstances that may warrant changes to a <b>DIVORCE </b>  judgment or parenting plan include:

  • Unforeseen financial hardship;
  • Substantial decrease in a spouse or parent’s income;
  • A wife or husband cohabitating with another person or getting remarried;
  • Changes to a child’s financial needs;
  • A parent’s intent to relocate with a child out of State;
  • Changes to a parent’s health;
  • Changes to a child’s health or academic needs;
  • A parent’s willful disregard for terms in a court order; and
  • Criminal behavior such as drug, alcohol or child abuse.

 

When a substantial change affects the viability of an order, either party to a   or parentage action can seek a modification of the court order. When an former spouse or a co-parent wantonly disregards the terms of a court order, the prejudiced party can seek further enforcement actions from the Court.   Judges take these violations seriously.  Depending on the circumstances, consequences of a contempt action can include, a change in a parenting plan, additional money judgments and even possible incarceration of the offending party.

If you need to pursue the modification or enforcement of a court order, Adetola Law will advocate on your behalf, to ensure that you stay ahead of the curve.