A divorce is the end of a couple’s marital relationship. However, when there are children or an obligation to pay spousal support, the ex-partners still have a financial connection and relationship as co-parents.
Sometimes these issues lead to disagreements. A New Canaan post-divorce disputes lawyer can help you evaluate your options and choose the most effective resolution. Call today to schedule a consultation with an experienced divorce attorney.
Divorced couples who share children must adhere to the court-issued orders regarding parenting time, decision-making authority, and child support. Many divorce decrees require one spouse to provide financial support for the other after a marriage ends.
It is common for one spouse to violate a court order occasionally. Late support payments, not having children ready on time for visits, and similar issues often arise. It is essential to deal with the problem immediately, but unless it involves violence or a threat to the children’s well-being, a candid conversation is usually the best place to start.
Insisting the other parent make better efforts to comply with the court orders can be effective. Minor adjustments to the couple’s arrangements might help. Many couples find mediation useful when trying to solve non-compliance problems. In other cases, contacting a New Canaan lawyer is necessary to take legal steps to resolve the post-divorce dispute.
Sometimes, a dispute arises because a situation has changed since the divorce, and an order is no longer workable. Couples in this position can request the court modify the order. Child custody, support, and alimony issues can be modified, but the property division order is not adjustable.
When the parties agree that an order should be modified and what the revised order should say, they can submit their proposed order to the court for approval. A New Canaan divorce attorney can help a couple develop a petition to the court regarding a revised order. Courts often approve these agreed-upon modifications, although when the revised order concerns the children, the court will review it to ensure it supports the children’s best interests.
When parents dispute whether a modification is necessary or disagree on how the order should be modified, the party seeking it must submit a request to the court. They must demonstrate that there has been a substantial change in circumstances that merits modification.
When a post-divorce modification will not solve the issue or a party establishes a pattern of non-compliance with an order, a New Canaan lawyer might recommend bringing an action to enforce the order and hold the non-compliant party in contempt.
When a spouse does not comply with the divorce court’s property division order, a motion for contempt is the only remedy available. A contempt order could also be appropriate when a party consistently violates the custody order or falls behind on child support or alimony payments.
When a judge finds a spouse in contempt, they could impose various sanctions. For example, when the party failed to pay child support as agreed, the court could:
A judge could even put a delinquent payor in jail for non-payment of child support.
When the judge finds a party in contempt, they may order them to comply with the original court order. The judge can modify the original order to favor the complainant in the case. In some cases, a party may have a legitimate reason for their non-compliance; in that case, a judge might modify the original order to make compliance easier.
Divorced couples often confront problems with the divorce orders issued in their cases. An honest discussion can often solve the problem, but sometimes, legal action is necessary.
Talk to a New Canaan post-divorce disputes lawyer when you or your former spouse are having trouble complying with a divorce order. They can recommend an effective means of resolving the problem. Get in touch with a seasoned family attorney today.
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