Though judges try to make an order for the long term, there are situations where an order requires additional review in the form of modification or enforcement. A modification is when an order needs to be reviewed or changed. An enforcement is when a party seeks to have an order requiring the alternate party to act in accordance with the order.
Post-Judgment Issues: Modification
Modifications to an existing order are typically sought when there is a change in circumstances that warrant a review of a custody or visitation order or agreement. Modifications are also common in child and spousal support orders after if years have past and the amount received needs to be reevaluated based on the parties’ circumstances.
A child custody order may warrant a court review for modification in many circumstances such as:
- A change is the work schedule of the non-custodial parent.
- A change in either parent’s responsibility. For example, if the child is becoming truant or the parent suffers from substance abuse problems.
- If either parent wants to move to a location outside of the immediate area where the child now resides.
- If the non-residential parent has relocated to be closer to the child.
A child support order can be modified at any time the court deems it necessary to do so. In California, there are support guidelines, and if any of the circumstances change, the court may reevaluate the award. The circumstances warranting recalculation include having additional children, if either person’s income has increased or decreased, if the amount you see the child increased, or if the overall calculation was incorrect.
Spousal support can also be modified under some circumstances.
Post-Judgment Issues: Enforcement
Post judgment issues arise when one party determines the other person has violated the terms of the order. When this happens, that person may seek to have the order enforced by filing a motion with the court asking for the order to be enforced. In some circumstances, the party may request attorney fees based on their relative need or as ‘sanctions’ against the party who violated the order.
If you are having post judgment issues, contact our office today to discuss your options.
Our Areas of Practice
Adult Child Support
Assisted Reproduction Technology Litigation
Child Custody and Visitation
Child Custody Mediations
Child Support Arrearage
Divorce with Children with Special Needs
Domestic Partnership Dissolution
Enforcement (or Set-Aside) of Pre-Marital and Post-Marital Agreements
Establishing Paternity or Maternity
Family Law Coaching
Gender and Name Changes
High Asset Divorce
Independent Legal Advice
Judgment Set Aside
Non-Marital Relationship Dissolution