If you have a court order that the other party is violating or there is a change in circumstances and you would like to revise the order, you have a lot to consider. You can file a motion for enforcement or modification. A family attorney can assist you with these by drafting, filing and arguing them. There are a number of areas where enforcements and modifications commonly occur. Motions are often filed to:
- Increase or decrease child support
- Increase or decrease alimony or spousal support
- Revise child custodial arrangements
- Revise the parenting time schedule
- Enforce rights pertaining to custody, parenting time, child support, and alimony or spousal support
- Terminate a child support obligation upon emancipation
- Reimburse medical expenses
- Reconsider a family court order
- Relocate with children
When a motion is filed, there are notice requirements to the other party. There are various deadlines to meet. Notice must include the time and date of the scheduled motion hearing and information about the subject of the motion. This allows the other party to decide how to respond. The motion must be served at least 24 calendar days before the motion is scheduled to be heard by the court. This allows the other party to oppose the Motion with a Cross Motion to which the movant is permitted to file a Reply.
Orders are generally considered to be final and courts will not arbitrarily change them. However if important facts or circumstances have changed from the time the order was issued, then a party can request the court to change the order. If you require assistance with enforcement of modification of a court order, consult with an experienced family law attorney.