After Divorce: Modification and Enforcement Issues
Most people experience the moment when their divorce finally becomes final with a complex range of emotions. Relief that the process is over, but sadness that the marriage is over, might be the most common ones. Even an uncomplicated divorce can present a lot of stress, and a hotly contested case can be the worst experience of your life.
No matter how easy or difficult your divorce was — or still is — you need to respect the possibility that you might again need a lawyer's advice about modifying or enforcing a family court order. At Deloughery & Ruotolo, P.C., our attorneys advise and represent people who need help with the continuing obligations and relationships that survive the end of a marriage: child support, spousal maintenance and parenting time. Contact us for the information you need on modification or enforcement issues.
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When an agreement or court order on issues like child support or alimony needs to be adjusted to reflect unexpected circumstances after divorce, you file a motion for modification of the order.
The easier and more certain way is to explain to your former spouse why you need to receive more child support or pay less maintenance, and back your explanation up with a letter from your attorney describing the reasons why the judge is likely to see the situation your way. This gives you a good point of departure for negotiating a mutually acceptable approach to modifying the original arrangements that you can together submit for the court's approval.
The tougher and less certain way is to skip the step above and go straight to court with a strong case for modification based on a substantial change of material circumstances. In other words, the changed facts have to relate directly to the obligation you want modified, and also needs to be big — for example, a 15 percent increase or decrease in financial need or ability to pay.
Our lawyers can advise you about your options on either side of a modification motion following divorce. Whenever possible, we'll position your case for the easy resolution rather than a contested court hearing, but we can advance or protect your interests in court on support or custody issues as well.
We Can Also Advise You About Either Side of a Support Enforcement Problem
Under Arizona law, unexcused or continuing default in the payment of child support obligations can expose you to the risk of jail. Violation of a child support order is regarded as a contempt of court, and jail time until the contempt is purged is more than an abstract possibility.
If you need to collect unpaid child support or spousal support, we know how to use the threat of contempt to the maximum advantage, then go to work to get you the money you need. If you need to defend an enforcement action or contempt citation, we can advise you about your options and work to minimize your exposure to punishment.
Any family court order, including those related to child custody and parenting time, can be enforced through the contempt process. Contact an experienced family law attorney at Deloughery & Ruotolo, P.C., at our office in Scottsdale for more information about modification or enforcement.
