Modification and Enforcement of Custody, Visitation and Support Orders
Orders for child support, child custody, visitation and spousal support are not set in stone. When they are first drafted, they are drafted with the family's present circumstances in mind. When those circumstances change, the orders may need to change too.
I am Michael Efron, a family law attorney in Irvine, California, handling modification and enforcement issues for clients throughout Orange County. To schedule an initial confidential consultation, call (949) 467-9147 or contact my office online today.
Modifying a Child Support or Custody Order
In order to modify an existing child support or child custody order, you have to be able to demonstrate that there has been a change in circumstances significant enough to justify the modification. For a child support order, a "significant change" could be unexpected medical expenses or a change in either parent's income.
For a child custody and visitation order, a significant change could involve a change in the child's wishes or in either parent's ability to provide a safe, supportive home, such as:
- Involvement in criminal activities
- Abuse drugs or alcohol
- Abusive conduct toward the children
- A worsening physical or mental medical condition
- Refusal to adhere to an existing custody order
Enforcement of Custody, Support and the Divorce Decree
If either party fails to adhere to the terms of the divorce decree, the other party can bring an enforcement action in court and threaten the offender with charges of contempt. Violations can include failing to pay child support, failing to properly deal with marital debts or assets, failing to make sure the other parent receives all the parenting time they need and many more.
Often, the contempt action will result in fines and penalties to the offender. Sometimes, they lead to a period of incarceration and other times cause the judge to change the terms of the existing custody, support or divorce arrangement.
As experienced lawyers, we can help you bring or respond to a motion for modification or enforcement. If you would like to schedule an initial consultation, call today at (949) 467-9147 or contact my office online.
