What To Do When Divorce Decrees Require Enforcement Or Modification
Here is a frustrating fact about divorce: The court’s decision in a divorce often is just the first step in the process. When the opposing side violates terms of the order, diligent representation is needed to enforce the court’s orders.
The good news is that court orders cannot be ignored. A court order is “the law,” for all practical purposes. If an order is broken, it must be enforced through court action. The violating party can face fines, incarceration and even a modification and restriction of their rights.
At Kell and Quilty, PLLC, our practice focuses exclusively on family law, and we have vast experience with the enforcement of orders. If you choose to work with us during your divorce, we will strive to get the other side into compliance as quickly as possible.
Which Provisions Are Commonly Broken?
Here are court-ordered provisions that often need enforcement:
- Child support payments: The ex-spouse is paying too little or paying late.
- Child visitation rights: The ex-spouse is not letting you see the children enough (or at all).
- Debt divisions: The ex-spouse is falling behind on payments, and it is affecting your credit.
- Co-parenting: The ex-spouse is not encouraging a positive relationship between you and your children.
Modifications Of Court Orders
People’s lives change. If the changes are significant enough, one or both of the parties might seek to modify a divorce decree. There are many reasons why people seek to modify court orders, including:
- Your circumstances have changed, and you want to pursue full custody of your children.
- You believe your ex-spouse should be paying more child support.
- You believe you should no longer have to pay spousal support for your ex-spouse.
- You or your ex-spouse wants to terminate parental rights.