Post-Judgment Disputes & Modifications
If you need help modifying part of your divorce decree contact us. Jim Williams can help you change or enforce a judge's order.
Jim and his passionate team of problem-solvers, are dedicated to helping his clients achieve favorable resolutions to their family law matters efficiently. We genuinely care for our clients. If you need help with a post-judgment dispute or modification we can help.
WHEN CAN A DIVORCE DECREE BE CHANGED?
Divorce decrees are considered permanent and certain things cannot be changed without petitioning the court to reopen the case. For example, you cannot amend a divorce decree to revisit property division, except in extreme circumstances such as fraud or failure to disclose assets. If you waived the right to collect spousal support in your initial divorce decree, this is also a permanent decision and you cannot revisit this issue at a later date.
Other parts of your divorce decree can be modified. Changes can be made to the amount of spousal support, child support, custody and placement if there is a substantial change in circumstances. Placement (visitation) arrangements do not have to be permanent. They can be outdated, changed or violated. When this happens, individuals must ask the court to grant a modification or to enforce the decree.
WHAT CHANGES WILL SUPPORT A MOTION TO MODIFY?
The court will entertain a motion to modify of an order if, after a required period of time, there has been a substantial change in your life or the life of the other party that justifies altering the decree. Any of the following may qualify as a significant change:
A change in income — A substantial change in either spouse's income can impact their ability to pay child or spousal support.
Behavior changes — Changes in the children's behavior or grades
Moving — A move to a new city or state, which renders the current schedule unworkable.
Chemical dependency — A parent with substance abuse problems not only faces their own health risks but could also jeopardize the safety and well being of a child.
Criminal activity — Custody and placement may be revisited if a parent is engaging in criminal activity.
If one party asks for a modification and the other party doesn't agree, this dispute can be resolved through negotiation, mediation or through the courts.
At The Law Office of James M. Williams, we always try to minimize conflict. However, Jim can, and will, aggressively represent you in court whenever necessary.
WHAT SHOULD I DO WHEN THE OTHER PARTY IS VIOLATING THE ORDERS?
If one party fails to pay child or spousal support or refuses to honor the custody and placement (visitation) order, the law provides a remedy. If the violation involves child or spousal support, the court can garnish wages or force the violator to pay. The court also has broad discretion to come up with other, more creative solutions to force the violator to comply with the terms of the decree.
We handle modifications, disputes and enforcement cases with compassion and diligence. Jim Williams is prompt, detail-oriented and persistent. For a free initial consultation, contact us at (925) 272-8171.
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