Modification and Enforcement of Agreements and Court Orders
If you have a court order for child custody, child support, or alimony, the orders were based on the facts and circumstances at the time of the trial. But time doesn’t stand still, and sometimes the facts and circumstances of your situation will change. If that happens you should talk with an experienced family law attorney to determine if you have a legal right to seek a modification of the order.
There must be a substantial change in your circumstances since the entry of the order. If so, you can file a motion and ask the court to modify the order. This could be a change in the amount of child support or alimony you receive or pay or in the current child custody order. However, until your order is modified by the court, you are obligated to follow the terms existing order.
When you talk with one of our attorneys you can find out if you should modify your order, if your current circumstances rise to the level of “substantial change,” and if there any legal option to receive any retroactive or prospective change.
Can property division be modified?
If you have a court order regarding the division of your marital property, that order cannot be modified. But if the other party does not follow the terms of the equitable distribution judgment, you may have a right to enforce the judgment and have the other party held in contempt for not following the court’s order.
If you have questions about modifying your existing custody, child support or spousal support/alimony arrangements, or if the other party is failing to meet his or her obligations, an experienced modification and enforcement attorney can help.
We work with individuals in Raleigh and Cary, and throughout the surrounding North Carolina communities to provide the legal counsel our clients need.
What happens if the other party isn’t following the terms of the court order?
Failing to follow custody or support orders or separation agreements is a serious offense. A person who does not follow a separation agreement can be found by a judge to be in breach of contract, and the court can order the individual to follow the previously agreed-upon arrangements and may even order the individual to pay the other party’s attorney fees. Individuals who fail to follow a court order can be found in contempt of court, which means they can face jail time, fines, and other serious consequences.
Whether you need help modifying an existing arrangement or need help holding the other party accountable for failing to follow a court order, we can help. Learn more about your options, the steps you should take immediately, and the counsel we provide by scheduling a comprehensive consultation. We can be reached through our online contact form or by calling 919-335-8651
How to enforce a Separation Agreement, Prenuptial Agreement, or Postnuptial Agreement.
Agreements can be modified only if the parties agree to the modification and the change is reduced to writing and signed by each party. And each signature must be notarized. You and your spouse can agree to vary from the terms of the agreement, but that won’t change the actual terms of the written agreement.
A separation agreement, prenuptial agreement, or postnuptial agreement is simply a contract between two consenting adults. Each of you is agreeing to abide by the terms set out in the contract. If one party does not, then the other party may file a complaint for breach of contract and ask the court’s assistance in enforcing the terms. Many agreements include provisions that if one party is found to be breach of the terms of the contract they will pay the non-breaching party’s attorney fees.
Even if you spouse is not following the terms of the agreement, you are still legally bound to abide by the terms of the agreement. If you don’t, you may find yourself defending your actions in front of a judge.
Serving Wake, Durham, Johnston and surrounding counties.