After divorce proceedings are over, many things are bound to change. Just because you have a divorce agreement does not mean that the terms cannot be modified if the situation so merits. If child custody changes or if there is a change in financial circumstances, you may have the right to file a post judgment motion to modify the terms of your agreement. Ms. Wagner will analyze your case to see if reasons exist for filing such a motion to ensure that issues remain equitable and meet your needs post-divorce.
Motions to Modify
A motion to modify is merely a form of a post judgment motion but it usually pertains to child custody or child support. As life changes, if one party gets a new job and new income or the current custody arrangement is not working, modification may be needed to ensure the health and financial welfare of everyone involved.
Motions to Enforce
A motion to enforce an agreement is ordinarily made when one party is violating the terms of the agreement to the detriment of the other party. This could include non payment of alimony, non payment of child support or failure to divide assets as per agreed upon Equitable Distribution. If the defaulting party is found to have willfully violated the terms of an agreement, a penalty, such as paying the other party’s attorney’s fees, may be made by the court.
Motions for Contempt
A motion for contempt is generally brought after a motion to enforce has already been made and an initial order has been entered. If the party against whom the order is issued continues to fail to obey the order, a motion for contempt is brought. Depending upon the type of violation that is occurring, more severe penalties may be ordered.
If you have an agreement that is being violated by your former spouse, contact the Law Office of Katherine Wagner today to discuss your rights to enforce the agreement that you made, and entered into, in good faith.
Serving Somerset County, New Jersey and the surrounding areas.