Post-Decree and Modification Issues
If you or your family has already been to Court and received orders establishing custody, parenting time, and or support, circumstances are always subject to change, allowing for changes or modifications of those orders, or a party to the order fails to comply with an order or orders made by the Court.
The following is a non-exclusive list of post-decree or modification issues you may face:
- Motions to Show Cause, (also known as “Contempt”): If you believe that the other party is not complying with the terms of a Court Order, then you may consider filing a motion to show cause, (i.e. “contempt”), which requests the Court to find that party in contempt and enforce the court order. Conversely, you may be in need of competent counsel to defend you against allegations of contempt being made against you. If contempt is found by the Court, the party found in contempt may face severe consequences, including attorney’s fees, fines and court costs, and even incarceration.
- Motions to Modify or Terminate a Shared Parenting Plan, Custody, or Parenting Time: A party may file a motion with the Court requesting a change in the current custody arrangement of the chil(dren) when there exists a change in circumstances and a change in the current order would be in the child’s best interests. There is no concrete guidance as to what amounts to the requisite “change in circumstances” to substantiate a change in custody or parenting time and thus results in a very litigious issue; consulting an experienced attorney regarding your particular situation, whichever side of the case you are on, is crucial to protect your rights and interests.
- Motions to Modify Spousal or Child Support: A party may file a motion the Court requesting an increase or decrease of child support of spousal support when there exists a change in circumstances to either parties’ financial situation. This change must be “substantial”, which, in other words, should account for at least a 10% deviation from the initial support order. Again, this is a very grey and thus litigious area, and consulting an experienced attorney regarding your particular situation, which side of the case you are on, crucial to protect your rights and interests.
It is important to retain a competent and zealous attorney to aid you through this process in order to achieve the most just results for you. Whether you are seeking to change the terms of a current court order, of defending against a motion filed to change terms unfavorably for you, contact Cavinder Law Office and family law attorney Jason Cavinder now if you or a loved one is dealing with these issues. We can help guide you through the legal and personal hurdles that accompany such litigation, and prepare your case so that you have the best chance at receiving a favorable outcome. The consultation is free and confidential. Or, if you simply have questions pertaining to the area of modification of court orders, our office is ready to help. We can be reached by telephone at (937) 751-4949, or by email at Jason@CavinderLaw.com.