Sometimes, even after a divorce has concluded, it may be necessary to either enforce or modify an order relating to your divorce. Perhaps you are seeking a change in support payments? Perhaps the other party is not properly dividing your marital assets? Perhaps your child has gone to college on a full scholarship and you believe your child support payment should be revisited? Regardless of the underlying reason a new set of orders may can be achieved either via settlement or through a secondary hearing in in the New Jersey family court. Whether you are currently pursuing, or just beginning to consider the enforcement of modification of an order, consulting a New Brunswick family law attorney is highly recommended to both gain a better understanding of potential implications, and reach the best possible outcome for your unique situation.
How Do You Enforce or Modify an Order?
If you are seeking to enforce or modify an existing order, and the other party will not agree to the terms you are proposing, it will be necessary to file a motion with the family court.
Depending on the complexity of the underlying issue, a Court may make a decision on the motion papers alone, but also has the authority to entertain argument by both sides and even order a hearing to take testimony and consider additional evidence, if necessary.
As a result, retaining an attorney who will guide you through the process and who will work with you to prepare comprehensive motion papers, complete with the documents necessary for a Court to consider is a critical step.
Depending on your unique scenario, you may be eligible to challenge orders that pertain to:
When Can You Pursue a Enforcement or Modification Motion?
You can seek to enforce an order anytime it is violated by filing an enforcement motion with a Court. It is not uncommon for the adverse party to raise as a defense that you may have also violated a provision of the order as well, but each violation is mutually exclusive.
In other words, each violation is viewed separately, and relief can be granted by the Court even if the moving party also happens to be in violation of a separate part of the order. Before filing an enforcement motion, it is strongly recommended that you speak with a Central New Jersey family law attorney to get a better handle of the facts and circumstances of your case, and to determine the best course of action.
A modification of an order is most commonly prompted by a change in the circumstances of one of the parties following a divorce. The term “change in circumstances” is rather broad since it can indicate many things, including:
A change in the financial circumstances of one or both parties, in income or assets
A change in the personal relationship between parties, children, or others
A situational change, including relocation
Whether this situational change is enough to yield a modification, and to what degree the modification may be applicable is something that must be evaluated on a case-by-case basis by a qualified family law attorney.
Other Scenarios Where Orders May Be Challenged
Orders can also be modified if past information comes to light, after divorce proceedings have already occurred, which would have changed the circumstances of the divorce if revealed at the outset. Most common situations are hidden assets or income. In some cases, a violation of an order can even be defended by arguing that the order should be modified. Whether you have been accused of violating imposed orders, or have been subject to a violation it is critical to contact a family law attorney to see if a modification of orders may be on the table.
Working With an Attorney to Enforce or Modify Orders
While most New Brunswick family law attorneys will be willing accept modification of orders cases, only a highly experienced New Brunswick family law attorney will be familiar enough with the intricacies of modification of orders cases. The Law Office of Steven M. Cytryn, LLC does not take these cases lightly, and understands that your family is one of the most important things in your life. These orders can be devastating if dealt with incorrectly, so rather than taking your chances, contact a New Brunswick family law attorney at The Law Office of Steven M. Cytryn, LLC today.
Contact The Law Office of Steven M. Cytryn, LLC Today to Discuss Enforcing and Modifying Orders in New Brunswick
We highly recommend you take advantage of a consultation with The Law Office of Steven M. Cytryn, LLC before further assessing your decision to pursue enforcement or modification action. This can not only allow you to better understand what you may realistically expect as an outcome in your modification of orders case, but also gives you the best chance of effectively petitioning for a favorable verdict in a New Brunswick court of law. Call us at (732) 214-1103 now for a consultation.