Enforcement & Modification

Enforcement & Modification of Support, Custody, Visitation & Other Court Orders

Often, after a divorce or legal separation is finalized, circumstances of the children and parents change, and modification to an existing parenting plan or court order related to custody and support is necessary.

Changes in the parties’ lifestyle often require a change in the existing custody schedule. For example, a parent with less custody may want increased custodial time due a change in work schedule or finances that allows them more time with the child. Other times, changes in finances necessitate an increase or decrease in support.

Often, parents work out agreements regarding changes verbally. Such agreements; however, are difficult to enforce if one of the parents later changes his or her mind. You should also not decrease your support obligation contrary to an existing order. You may later be found to be in contempt of court and forced to pay the unpaid amount along with interest. It is imperative that you obtain a new court order reflecting any change in custody or support.

If any such changes are necessary, you will need to petition the court so that the existing order can be modified accordingly. If the parties are in agreement of the modification, you can submit a written agreement to the court and obtain an order thereon. If the other party is not amenable to the requested change, you may need to have a court hearing to enforce your rights.

Enforcement of child support may also be a concern for you. If the supporting parent does not pay or makes only partial payments, you can enforce your right to receive payment, along with interest, through a variety of legal options. A family law attorney can advise you of your rights and available remedies such as wage garnishment.

At the Law Offices of James T. Raetz, assisting clients with enforcement and modification of existing judgments and courts orders are an integral part of our work. Call our law firm at (310) 292-3087 or (949) 623-8410 to arrange a consultation. We will be glad to assist you.