Enforcement and Modification

ENFORCING AND MODIFYING A JUDGMENT

If you have a Judgment of divorce and your ex- spouse is not complying with the same then you should seek to enforce the terms therto,  including any divorce settlement agreement incorporated therein.  If it can be established that your ex-spouses non-compliance was willful then he/she may find them selves in contempt of court. This means they can be incarcerated! The very judgment and stipulation itself may call for the award of counsel fees for non-compliance.

If you desire to modify  the terms of your divorce, it may be  difficult more or less difficult depending on the requested modification.I f you seek a modification in spousal support it will be necessary to prove "undue hardship". If  you seek a modification in child support then it will be necessary to prove to the Court that a "substantial change in circumstances" has occurred since the judgment of divorce was signed. Both standards require an unanticipated and unforseen change in circumstances.

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Please contact  my office to discuss your enforcement and modification of a divorce judgment. 718 720 1000