Post-Judgement Modification of Court Orders
Modification of Court Orders
You are aware that you must follow court orders. However, what if you can’t follow an order? If you fail to comply with an order, the party that is harmed can file a petition to enforce the order and the court can then hold you in contempt. Sometimes, life events occur that get in the way of your best efforts to follow court orders. For example, what if you were a surgeon and suffered irreparable hand injuries? Or what if you were in an accident that left you unable to work? These are events that have permanently altered your ability to earn income. Unfortunately, the court orders you are under do not reflect these life-altering events. So what can you do about it? Your best option may be to seek a modification of a court order.
What is a Modification Action?
A modification action is the act of filing a petition to ask a court to change a prior order. Sometimes there is a legitimate reason that someone cannot comply with a court order, rather than some malicious act of defiance. This may include permanent changes in income, changes in life circumstances, or changes in a child’s circumstances. To obtain a modification, you generally must demonstrate a substantial change of circumstance. Even if you fail to meet your burden, it is best to be the one to inform the court of your changed circumstances before the other party files an action for enforcement and contempt.
A petition to modify can be filed on the following orders:
- Custody and visitation orders. You may want increased visitation with your child and you can seek a modification of the current orders if you can demonstrate a substantial change in circumstances. However, beware that courts are focused on the best interest of the child, so there may be unintended consequences, such as if the child reports that he or she does not want to visit with you.
- Alimony orders and child support orders. For these orders, you may be able to demonstrate a substantial change if you can demonstrate that your income has permanently and significantly decreased. Further, for child support orders, you may be able to demonstrate a substantial change if the child’s living arrangements have changed and the child is now living with you for extensive periods of time, increasing your daily child-related expenses.
Contact Us Today
We can help you with enforcement and modification actions. Our team of attorneys is passionate about helping people and will utilize our skill and experience to improve your situation. You shouldn’t, and don’t have to resolve this by yourself. Call The Williams Law Group, LLC today at (908) 810-1083 or fill out our confidential online form to schedule a consultation.