Modification and Enforcement
Modification to custody, visitation and child support can occur after the divorce decree, or any other court order, is final. An order for Modification Enforcement of child custody and visitation can occur if the circumstances of the child or one or both parents have materially and substantially changed or the current order has become unworkable or inappropriate. You may modify an order of child support at any time upon showing of substantial change in circumstances or after three years from the original order if the amount of support would change by $100 per month or 20%. If you are going through a modification case it is important to understand everything that you sign. The Law Office of Aaron Weinmann, PLLC can help navigate you through the modification process with a modification and enforcement lawyer, and offers free consultations to discuss your case.
You may modify an order because of a material and substantial change in circumstances.
These circumstances can include:
- A better job or a layoff
- Illness or disability in one parent
- Lack of compliance with existing orders
Can there be a child custody modification without a showing of substantial change in circumstances?
Yes, it is possible for there to be a child custody modification without a showing a material and substantial change. Generally, an order of child support may be modified one year or more after it has been entered without a showing of substantial change in certain circumstances.
How do I start a modification case?
First, talk to an experience family law attorney to discuss your case. If you decide to proceed with a modification case, you will need to file a petition to modify. To get a free case evaluation and to speak to a modification and enforcement lawyer, call us at (832) 875-7309. Alternatively, you may email us.
I don’t want to modify my prior court order, but how do I enforce it?
An individual may file a motion to enforce a prior court order when the other party to the lawsuit is not complying with the terms of the order. In order to enforce a court order, you must file a petition for enforcement. A hearing will be held to determine whether or not the order has been violated. If a court believes that there is a violation in an order, the judge can order that the violating party comply with the order, pay attorney’s fees, ordering fines, and even jail or probation. Because of the extreme consequences of enforcement actions, having a family law attorney who understands enforcement issues is extremely important. This is whether you are seeking to enforce a court order or are under accusation of violating a court order.
Can we agree to change the order without filing a modification in court?
Modifying requires going to the Court. It cannot occur simply by telling the other party that you need to make changes in your order and then implement them accordingly. While it is permissible to come to a mutual agreement regarding the terms, the terms of the order as it is written can be enforced. It is your responsibility to request a modification of the order. When seeking to modify a court order, always seek the assistance of an attorney.
I have currently have an order, but how do I enforce its terms?
An enforcement action is the process by which you legally document the opposing party’s failure to abide by the order of the court. You may need to pursue an enforcement action against the opposing party for a variety of reasons. This may include enforcing child support, medical support, or other emergencies.
For additional questions, don’t hesitate to contact us today at 832-875-7309 or by submitting an email above.