Divorce agreements are intended to be final documents, only to be modified in the rarest of circumstances. The majority of modifications occur as the result of changed circumstances involving child support or child visitation. However, other enforcement or modification of orders can occur if one party does not follow the provisions of the divorce agreement or child support/visitation agreement.
If you are seeking to modify or enforce an existing order, you may need to contact an experienced family law attorney. At Contreras Law Firm, we have successfully represented clients in a wide array of post-divorce modifications and custody or support enforcement matters.
Enforcement Of Orders
Despite the finality of divorce agreements and admonitions from the court regarding ongoing compliance with their terms, some former spouses do not follow them. This frequently occurs in cases involving child support and child custody agreements. Sometimes, the parent with visitation rights does not show up to pick up the child at the approved time or refuses to bring the child home at the approved time.
In cases involving child support, the paying parent sometimes does not have the money to make the payments or may simply choose to ignore the order. Courts are especially stringent on going after back child support from parents who have not paid for years. Enforcement can additionally occur with regard to alimony payments.
When one party flagrantly disregards the content of a child custody or child support agreement, the other party is entitled to enforce the provisions of the agreement through a court order.
Modification Of Orders
Divorce orders can be modified based on either the actions of one party or the collective actions of both parties. In the case of a former spouse who no longer pays child support or alimony, a court can modify the order to increase the monthly amount of child support, or can refer the case to the state to take action against the spouse who is not in compliance.
Orders can also be modified in case certain things change, such as the location of one parent's house or residence, or a major change that occurs with the child. For example, if the child decides to study across the country in a boarding school during high school, the parents will have to come to an agreement not only regarding the shared tuition, but additionally on how to space out visitation when the child comes home for holidays.
Contreras Law Firm | San Diego, California, Family Law Firm
The enforcement or modification of divorce orders can be a frustrating time, especially since it often occurs months or years after the agreed-upon divorce is finalized. The last thing you want to do after a divorce is spend months in family court again. However, the enforcement and modification of certain orders will make your life and your child's life easier in many situations and can ensure that your former spouse is held accountable for his or her actions.
The lawyers at Contreras Law Firm have experience in all types of family law matters and can assist you in drafting and serving the necessary documents. Contact our San Diego office today for your initial free consultation.Back to Top