Modification and Enforcement of Prior Existing Orders

Modification of Prior Existing Orders: Modification of support may be proper if the circumstances or the financial ability of the man, woman, or child changed since the prior existing Order. For a modification proceeding to be successful  a “change in circumstances” needs to be proven. Also, as your family law attorney, Ms. Devack will compare your divorce decree with the provisions in the new Parenting Plan for parental rights, responsibilities, and time-sharing. If your divorce decree and the Parenting Plan are significantly different, a modification of the prior existing Order may be necessary.

Enforcement of Prior Existing Orders: What remedy exists when a man or woman, or both of the parties do not comply with the terms of their mediated settlement agreement or divorce decree? Whether the party fails to sell the marital home, pay a sum of money, return a child from time-sharing, or disregard a ‘no contact’ order, prior existing Orders need to be enforced, generally, by a contempt proceeding. Enforcement of a prior Order can be by criminal contempt which mandates a fine or incarceration, or civil contempt which permits one to "purge" or cure his/her breach.  Some of the remedies available if a person does not correct his/her contemptuous conduct are: garnishment of wages or tax refund, levy of a vehicle, suspension of a driver’s license, or specific performance. As a rule of thumb, the prevailing party in an enforcement proceeding may have a contractual right to payment of his/her reasonable legal fees and costs.