One of the only constants in life—especially family life— is change. In the context of a divorce, child custody, or child support case, that may mean you will need to modify or enforce an existing court order. When that happens, it is best to work with an experienced family law modification lawyer to ensure that your family’s changing needs are met.

If your ex-spouse or co-parent isn’t following the terms of your settlement or custody order, or the order that is in place no longer works for your family, it is important to take action sooner rather than later. Sometimes the issue can be settled by negotiation or mediation; other times, it’s necessary to go to court to resolve the situation. Contact Premier Family Law Group to discuss next steps.

Enforcement of Family Law Orders

Divorce decrees, custody and parenting time orders, and support orders govern the terms of your relationship with an ex-spouse or co-parent. In a sense, these court orders are like “private laws” that apply only to the two of you. So what do you do if the other party isn’t abiding by the terms of an order?

Going to court is rarely the first step to take. You may be able to communicate with the other party, either directly or through your lawyer, asking them to comply with the court order. Virginia courts generally prefer that you make reasonable efforts to resolve an issue before involving the court. You should always document violations when they happen so that, if needed, you can later show the court a pattern of non-compliance.

If the other party does not comply with the order even after repeated requests, or the violation is a serious one, it may be necessary to file a Petition for Rule to Show Cause with the court. The other party will have to “show cause” why they should not be held in contempt of court for their non-compliance.

The court may order the other party to comply with the order, and may take other measures such as:

  • Awarding you your attorney fees and costs associated with enforcing the order
  • Imposing monetary penalties on the non-compliant party
  • Wage garnishment or property liens for non-payment of child support
  • Suspension of a driver’s license or professional license for non-payment of child support
  • Modifying a custody or visitation order
  • Imposing criminal penalties for especially serious violations, including jail time

If you have been accused of failing to comply with a support or custody order, do not ignore the issue. Contact an experienced attorney to discuss your options as soon as possible.

Modification of Family Law Orders

A child custody or visitation order may be entered when a child is very young, meaning that the order could be in effect for ten to fifteen years, or even longer. An order that worked for your family when it was established may no longer meet everyone’s needs as your children grow and your circumstances change.

If you and your co-parent can reach an agreement to modify your existing order, you can submit that agreement to the court for approval. If the court finds that the modification is in the best interest of your child, it will enter a new order reflecting the change. Even if you reach an agreement to change custody or support with your ex, it is not legally binding unless and until the court approves it and replaces the previous order.

Of course, it often happens that one parent wants to modify an order and the other does not. In those cases, the parent who wants the change must file a motion to modify the existing order. Virginia courts require a substantial or material change in circumstances in order to modify child custody or support, along with a showing that the proposed change is in the best interest of the child.

Whether you are seeking a modification of an order, or opposing a change, it is important to work with an experienced family law modification lawyer who can present your case in its most favorable light.

How a Family Law Modification Lawyer Helps

Whenever possible, it is typically best to resolve family law matters (especially those involving children) without going to court. Attorneys Kristina Cruz and David Zangrilli are skilled negotiators who are effective in resolving these issues with a minimum of conflict.

Unfortunately, negotiation doesn’t always work, and sometimes litigation is necessary to achieve a fair outcome. Unlike many family law attorneys who do not litigate or who shy away from litigating, David and Kristina are seasoned litigators who are comfortable—and effective—advocating in the courtroom. They prepare every case as if for trial, which positions them for success in negotiation or litigation.

Contact a Family Law Modification Lawyer

To learn more about your options when your existing family law order needs to be enforced or modified, contact Premier Family Law Group to schedule a consultation. 571-336-5263