Modifications and/or Enforcement of Existing Court Orders

There are many reasons that Court Orders may need to be modified. For example, one of your children may become 18 years of age and graduate from high school thereby justifying a reduction in child support. A spouse may re-marry or have a substantial change in income that changes the spousal maintenance or child support calculation.

Custody Orders may also be changed based on the circumstances of the parties. For example, a party's behavior changes (a parent becomes addicted to drugs), there is a criminal conviction, or a party wants to move out of state.

Since Court Orders remain in effect until they are changed, a formal modification must be presented to the Court. Even if the parties agree to disregard the previous Orders, a modification should be entered through the Court to make them legally enforceable. Modifications of Court Orders take time, so it is best to start the process early to avoid additional frustration.

Many times, the other party fails to do what he/she is ordered to do. Despite repeated requests, the person simply ignores the Order. The Court will usually enforce a prior existing Order. If you have a person that is not in compliance with a Court Order and wants that person to do what he/she is supposed to do, you must file with the Court to obtain compliance. While it is not mandatory, often times the Court will award the person that has to file a Motion for Enforcement with the Court his/her attorney's fees and costs incurred in getting the other person to do what he/she was ordered to do in the first place.

If you are interested in contacting Owens & Perkins about Modifying and/or Enforcing an Existing Court Order, click here or call us at 480.994.8824.