
There is often a sense of relief that accompanies the completion of a divorce, custody, or other family law dispute. These matters can be drawn out and stressful; reaching a settlement agreement or having a final court order offers closure and an opportunity to move on. However, even after a family law case is over, it may need to be revisited.
A family law order may be in effect for years, or even decades. Over time, the circumstances that made the order reasonable often change. At that point, it may be appropriate to modify the original order. Orders that can be modified include:
Some reasons to modify an order include:
Generally, except in the case of child custody and child support, if the parties resolved their case through an agreement they can only modify their agreement by another agreement. In the case of child custody or child support, if one party wants to modify the agreement and the other does not, the person seeking modification can ask the court to modify the order. If the court originally decided the case, then only a court order can modify the previous order.
With regard to child custody, North Carolina courts recognize that families’ needs and circumstances change and that flexibility is important. At the same time, families and children also need stability and predictability. It benefits no one for parties to rush back to court seeking a modification of an order for every slight change of circumstances.
As a general rule for child custody, child support or alimony cases, a court must find that there has been a “substantial and material change in circumstances” before it will consider modifying an order. If the order affects a child, a proposed modification must be in the child’s best interest for the court to grant the modification.
In an ideal world, parties to a legal action would fulfill their court-ordered obligations. In the real world, parties may comply only partly, or may not comply at all. When that happens, the compliant party may need to ask the court to enforce its order.
Orders which commonly need enforcement include:
If a party is intentionally violating the court’s order, it is important to take steps to enforce it. Otherwise, the violations may continue and worsen. It may be tempting to retaliate, but it’s better to make the court aware of the other party’s conduct by asking the court to find the non-complying party in contempt of court. The court has the power to hold a non-compliant party in contempt.
Depending on the situation, that could result in fines, wage garnishment, modification of the order, being forced to pay the attorney fees of the party seeking enforcement, and even jail time. The non-compliance must be willful, and the non-complying party must have the ability to comply, in order for the court to find the party in contempt.
Attorneys Michelle Connell and Wes Gelb are both board-certified in North Carolina family law, which reflects their extensive experience and commitment to ethics. Michelle and Wes understand that their clients may need additional help long after the conclusion of a divorce or custody case. They strive to uphold their clients’ rights and ensure that the court orders that govern them continue to meet their needs. As skilled litigators, they are prepared to return to court if necessary to enforce or modify an order.
To learn more about post-judgment family law matters in North Carolina, contact Connell & Gelb to schedule a consultation.
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