Court orders for child custody, child support, or alimony are based on the facts and circumstances at the time of trial. However, circumstances of situations often change, and when they do, you should speak with an experienced family law attorney to determine if you have a legal right to seek a modification of the existing order.
Keep in mind, there must be a substantial change in circumstances since the entry of the court order. In these instances, a motion can be filed and the court can be asked to modify the order. When you speak with one of our attorneys you can find out if your current circumstances meet the level of “substantial change”, if your order should be modified, and/or if there are any legal options to receive any prospective or retroactive change.
Court orders regarding the division of marital property cannot be modified. However, if the terms of the equitable distribution judgment are not followed by the other party, you may have a right to enforce the judgment and have the other party held in contempt for not following the order of the court.
If you have questions about modifying your existing arrangements or if the other party is failing to meet his/her obligations, our experienced attorneys can help.
When Terms of Court Orders Are Not Followed
Failing to follow separation agreements or support or custody orders is a very serious offense. Those who fail to follow a court order can be found in contempt of court, which means they can face serious consequences, including time in jail.
If you need help holding the other party accountable for failing to follow a court order, or if you need assistance with modifying an existing arrangement, our team can help.
How to Enforce a Prenuptial Agreement, Postnuptial Agreement or Separation Agreement
Modifications can be made to prenuptial agreements, postnuptial agreements, or separation agreements only if the parties agree to the modifications and the changes are reduced to writing along with a notarized signature by each party. Couples can agree to vary from the terms of the agreement, but that will not change the actual terms of the written agreement.
In the event your spouse is not following the terms of the agreement, you are still legally bound to abide by the terms. If you do not, you may find yourself defending your actions in front of a judge. For questions regarding these types of matters, contact our legal team.