Las Vegas Post-Judgment Modification & Enforcement Attorney
A final judgment of divorce permanently and officially ends a marriage. The court orders contained within a divorce decree then become final and legally binding. Still, there are times when a person’s circumstances may change and the court orders issued immediately after a divorce are no longer fair or workable. At these times, it is necessary to obtain a post-judgment modification.
In other cases, neither party has tried to obtain a modification but one side is not complying with the official orders. In these instances, the party complying with orders can petition the court to enforce an order. Both of these are difficult situations and you need legal advice. Our Las Vegas post-judgment modification and enforcement attorney can provide it.
Obtaining a Modification
Either spouse can ask the court to review and modify child custody, support, or alimony arrangements after three years have passed since the order was issued, or when there has been a substantial change in circumstances. For example, if a parent paying child support experiences a reduced income of 20 percent or more, they can ask for a review of the original order. Regardless of whether someone is trying to modify a child support or alimony payment, they must show there has been a substantial change of circumstances. Some of these may include:
- A significant change in the income of the obligor,
- A significant change in the income of the recipient,
- A loss of the obligor’s employment,
- The recipient of alimony remarried or cohabitates with a new partner,
- A child has acquired significant medical expenses or special educational needs,
- A parent with increased work demands is no longer able to care for the child, or
- A custodial parent wants to relocate a significant distance with the child.
Enforcing a Court Divorce Order
If your former spouse is not complying with child support or alimony payments, or they are interfering with your parenting time, you can take legal action to enforce the original divorce order. Firstly, you and your former partner should try to reach an agreement on your own about how they will ensure future compliance. If they still refuse to comply with the order, you may have to go to court.
When you petition the court to enforce a divorce order, your former spouse may face several consequences. If they are in violation of a child support or alimony order, the judge may garnish their wages and direct a portion of their paycheck to be paid to you directly. If the other side is behind on child support, they may also be assigned a ten percent penalty fee.
If your former spouse is violating a child custody order, such as denying you rightful visitation, a judge may order them to pay more in child support. They may also award you additional time to compensate you for time missed, or change the parenting plan entirely to award you primary custody.
Our Post-Judgment Modification and Enforcement Attorney in Las Vegas Can Help You Through the Process
While it is possible to modify and enforce divorce orders, the process is never easy. At Ghandi Deeter Blackham Law Offices, our Las Vegas post-judgment modification and enforcement attorney can help you navigate the process so you obtain the best possible outcome. Call or text us now at 702-878-1115 or chat with us online to request a consultation.