Modification and Enforcement

A divorce decree is a legally binding court order that outlines the terms of a divorce, including child custody, child support, spousal maintenance, and the division of property and debts. While these terms are intended to provide a sense of finality, life circumstances often change. When they do, modification or enforcement of the divorce decree may become necessary. Here’s what you need to know about both processes.

Modification of a Divorce Decree

Key provisions of a divorce decree that may be subject to modification include:

• Child Custody and Parenting Time: Adjustments may be needed if a parent relocates, changes jobs, or if the child’s needs evolve.
• Child Support: Modifications might be warranted due to changes in income, job loss, or significant shifts in the child’s financial needs.
• Spousal Maintenance (Alimony): Modifications are possible if either party experiences a substantial and continuing change in financial circumstances.

To request a modification, you must demonstrate a significant and continuing change in circumstances. Examples include:

• Job loss or a significant change in income.
• Relocation of a parent.
• Changes in the child’s medical, educational, or emotional needs.
• Remarriage or cohabitation of the receiving spouse (for spousal maintenance).

Enforcement of a Divorce Decree

Enforcement becomes necessary when one party fails to comply with the terms of the divorce decree. Common issues include:

• Non-payment of child support or spousal maintenance.
• Refusal to adhere to custody or visitation schedules.
• Failure to transfer assets or comply with property division orders.

A number of things can happen when enforcing the terms of a divorce decree:

1. Contempt of Court: If a party violates the divorce decree, the court can find them in contempt, which may result in fines, wage garnishment, or even jail time.
2. Wage Garnishment: Courts can order the non-compliant party’s wages to be garnished to satisfy overdue child support or spousal maintenance payments.
3. Liens on Property: A lien may be placed on property to secure payment of unpaid support or debts.
4. Parenting Time Enforcement: Courts can impose penalties, order makeup parenting time, or modify custody arrangements for non-compliance.

Life is unpredictable, and circumstances often change after a divorce. Both modification and enforcement of a divorce decree involve complex legal procedures and significant stakes. Consulting with an experienced family law attorney like those at South & Wright, PLLC can help ensure your rights are protected and the best outcome is achieved.