Divorce Modification and Enforcement

Every family law case is different. Post judgment modifications occur when there are difficulties or changes that arise after your final judgment of dissolution is entered. Judgments of dissolution can encompass orders for property division, spousal support, custody, visitation and child support.

Judgments can be modified when one or both parties experience a "substantial change in circumstances" that affects one’s ability to comply with child custody, child support, or spousal support order. A "significant change in circumstances" can include loss of income, increased costs of childcare or schooling, loss of a job, medical conditions, etc.

At times. parties are able to agree upon the changes that need to take place, it is still important for them to take the necessary steps to formally amend any prior agreements or court orders.

Modification orders can apply to:

Modifications to judgments can include changes to child support, child custody, or spousal support. If your situation has changed, it may be in your best interest to inquire about a modification to your court orders.

Keep in mind, prior to a court order being changed, you are required to continue honoring the current order. Our attorneys can handle your modification request and will assist you in obtaining your desired result in the best manner possible.

Custody and Visitation Modification:

A significant change in circumstance can also be the reason for a parent to need to change custody or visitation orders. If you would like to inquire about modifying your current schedule, you must show evidence of a significant change in your circumstances and that the new schedule is in the best interest of the children.

Child Support Modification:

Child Support can also be modified after the divorce process. Child support modifications often occur when one parent’s income significantly increases or decreases. You can also request a modification to child support if a parent’s custody schedule has changed, causing a child to spend more or less time with one parent. Prior to requesting a modification, you must determine whether the change in circumstances will be permanent or temporary change.

Spousal Support:

Spousal Support modification is a very common question that we receive. Each modification request is unique and handled based on the client’s change of circumstance. Often, we see that it is the supporting party that is requesting a reduction in support payments or the supported party is requesting additional support due to a decrease in income. Each case is different and must be evaluated to determine if the change in circumstance warrants a change in support payments. Our attorneys at Candelaria LLP can help you navigate through this complex and difficult process.

Enforcing Judgments:

Sometimes agreements that are made by people with the best intentions need to be enforced. The reality is that some people must be forced to comply with their agreements or court orders. When one party is non-compliant, the complying party has to take legal action to ensure compliance. Vanessa understands that nothing is more frustrating than to have to rehash the issues of divorce. She has counseled and represented numerous clients in modification and enforcement proceedings.