Modification and/or Enforcement of Custody, Child Support and Alimony
Court orders or agreements between parties pertaining to child custody, child support, or alimony are prefaced upon the facts and circumstances at the time of the trial or the negotiation of said agreement. Over time circumstances often change. When they do, it might be necessary to modify a custodial arrangement or the amount of child support or alimony. When you find yourself in such a situation, 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 or agreement. If there has been a material change in circumstances since the entry of your underlying court order or agreement, an action may be filed to seek to have the order or agreement modified. Our attorneys can help ascertain whether or not your current circumstances meet the statutory requirement of a “material change” warranting a modification, and they can further advise you of your legal options regarding custody and/or support modifications.
Failing to comply with the terms of a court order or agreement regarding custody, child support or alimony is a serious matter. Those who fail to follow the conditions of a court order or agreement can be found in contempt of court. In some circumstances, those who fail to pay child support, may face serious consequences, including time in jail. If you need assistance in holding the opposing party accountable for failing to follow a court order or agreement, or if you need help with modifying an existing arrangement, our attorneys can help.
Enforcement of Property Division
Court orders or agreements between parties regarding the division of marital property are not usually modifiable. However, if the terms of a court order or agreement regarding the equitable distribution of marital property are not followed by the one party, the other party may have a right to enforce the order or agreement and have the other party held in contempt of court. If you have questions about modifying your existing court order or agreement, or if the opposing party has failed to comply with an existing court order or agreement, our experienced attorneys can help advise you of your rights and the appropriate actions to take.
How to Enforce a Prenuptial Agreement, Postnuptial Agreement or Separation Agreement
Prenuptial agreements, postnuptial agreements, or separation agreements can be modified only if the parties agree to said modifications and the agreed upon changes are reduced to a signed writing. Couples sometimes agree to deviate from the terms of a written agreement but said actions do not change the actual terms of the written agreement. If one party does not follow the terms of a prenuptial agreement, a postnuptial agreement, or a separation agreement, the other party is not relieved of the obligation to abide by the terms therein. For questions regarding these types of matters, contact our one of our attorneys.