Life does not always go according to plan. The time may come when post-divorce disputes require legal assistance to resolve. Families under transition may sometimes require a change in orders as either permanent modifications or temporary divorce modifications. Many times these disputes can be settled amicably, while still others require the assistance of an attorney. Examples would be a change in finances, enforcement of previous orders, etc.
Divorce Enforcement
Common issues involving divorce enforcement of previous orders are usually involving “nonpayment”, such as the nonpayment of child support, the lack of willingness or nonpayment of spousal maintenance. In cases of nonpayment there are legal steps and means that can be taken to force the individual to meet their obligations, such as wage garnishment.
Divorce disputes are not uncommon even after the divorce is over
Other enforcement issues would be the disregard to child custody and visitation ordered by the court. In situations where one spouse continues to avoid relinquishing visitation rights, or where a spouse consistently keeps the child longer than the orders specified. The court may add additional stipulations or orders that enforce appropriate behavior and or adherence to the guidance of the court.
Post Divorce Modifications
Not all court orders occur because of any willful fault of either party. Many—most—divorce modifications are a result of significant life changes to one party. These changes can cause one party to be unable to meet the terms of the original divorce or settlement agreement. Job loss, a job-related move, disease, or substance abuse can all be triggers to a modification or orders.
Just like with the original settlement you and your attorney will need to work through the court and your former partner to create a change or modification of orders that the court can approve. Sometimes these orders can be worked through if the former spouses are amicable and willing. Other times these orders and modifications will need to be taken back into the courts because the other party is unwilling to agree to terms.
Post-divorce disputes and New York divorce modifications in general are something you will need to work closely with an attorney to iron out as the courts are not generally willing to modify orders that they levied to begin with. You will need to be able to prove the necessity of the modification or order, such as proof of unemployment (in the case of modification of child support) or transfer of employment. As with divorce cases, having these issues settled prior to asking a judge to intervene is always the best and least disruptive approach to post-divorce disputes.
