Very often Court Orders may require some type of modification. This means that some aspect about your Court Order needs to be changed due to a change in circumstances, or a perhaps an unforeseen event occurs. In order to make this change, or "modification," you will need to petition the Court. These actions can be rather complex and your attorney will need a good working knowledge of these laws to make this modification. A poor attempt at a modification may leave you without recourse and living under the terms of a Court Order that your are no longer able to meet given your current needs. The result can be a disaster for you.
In general, judgments for "modifiable" alimony, child support, and time sharing can be modified under certain circumstances. As you might imagine, the facts of each case are different. It is always in your best interests to consult with an attorney with experience and knowledge in this field. In order to determine if a modification action can be obtained it is important to remember that modification is generally retroactive to the date of filing of a petition for modification. Absent any extraordinary circumstances, a person must comply with Court orders and judgments until they can be granted relief. In seeking any modification, time is of the essence. Zimmer and Associates should be contacted as soon as you decide to move in this direction.
Generally, there are several types of orders that are frequently modified. Those types of orders often include, but are not limited to: child support; spousal support; custody; and visitation. Once an order has been entered in any of these categories, it may be subject to modification under certain circumstances. Generally, there needs to be a substantial change in circumstances demonstrated to the Court in order to obtain a modification. These changes can include a change in the needs of the child (in a custody or support situation), or the loss of employment by a parent (in a child support situation).
We provide our clients with skilled representation in modification proceedings. Our experience and knowledge with these types of matters will ensure that your existing order will have the best possible chance for a successful modification to suit your current or changing needs.
Violations of Court Orders and/or divorce agreements are quite common. You may find yourself in the difficult position where the other party is not living up to their end of that agreement or Court Order. When this happens, your only alternative may be an enforcement action in court to force the other side to comply.
These enforcement actions can include a multitude of violations. Most commonly, these actions include a failure to pay child support, a failure to pay spousal support, or some violation of visitation/custody agreement. However, there are literally thousands of ways a divorce agreement or Court Order can be violated.
When there is a violation, you will need to hire an attorney to force the opposing side to comply with that order. Ultimately, the Court can provide many remedies in these situations. In fact, many divorce agreements have additional remedies built-in, such as counsel fees against the defaulting party.
Enforcement of these orders must be handled by a skilled and experienced attorney. If an enforcement proceeding is not handled properly, it can have serious consequences which can lead to serious and long lasting injustices. You can be confident that our firm is highly competent to handle your violation case in both Supreme Court and Family Court.