Enforcement or Modification of Court Orders
NEW YORK MODIFICATION & ENFORCEMENT ATTORNEY
Once financial discovery is finalized in a divorce there are two options:
1) Either the parties and the respective attorneys can negotiate a settlement by which all issues are settled and the parties enter into a Stipulation of Settlement; or
2) The Judge decides the case after a trial.
In either event, you are not actually divorced until the Judge signs the final Judgment of Divorce. The original document is filed by the court in the County Clerk’s office in the Supreme Court.
Modification
In New York State, issues like Child Custody, Child Support, Child Visitation and Maintenance can be modified in the Judgment of Divorce by Family Court or Supreme Court. To do so, a spouse must prove to the court that a change in circumstances has occurred. This will justify the requested modification.
Child Custody Orders can also be modified. This can occur when there is a substantial change in circumstances affecting the children’s situation which is not in the best interest of the child.
An Order directing a spouse to pay maintenance or support to the other spouse can be modified upon a spouse receiving support demonstrating an inability to be self-supporting, financial hardship, or a substantial change in circumstance.
Modification of Marital Agreements
When necessary aspects of a marital agreement can be modified. Modifications can be made between the spouses or by making a formal application to the court.
Enforcement of Orders and Marital Agreement
When a spouse is not complying with a Court Order or Stipulation of Settlement a party can make an application to the Supreme Court or the Family Court to rectify the breach and/or contempt and legally enforce those orders and/or Stipulations of Settlement. The court can enforce orders and agreements on issues such as child support, visitation and custody, maintenance (a.k.a spousal support or alimony) and equitable distribution.
If you are having modification or enforcement issues with child support, child custody, child visitation or spousal support you need Matthew Ehrlich, Esq. a highly experienced NYCdivorce attorney.