Enforcement and Modification of Divorce Orders: What You Need to Know

 Posted on May 31, 2023 in Divorce

Divorce decrees become legally binding agreements that govern the actions of both parties involved in a divorce. While the end of the divorce proceedings can be a welcome relief, it doesn't necessarily mean the legal issues surrounding the divorce are over. Situations may arise where one party is not complying with the orders or the orders need to be modified due to a change in circumstances. 

In this guide, we will discuss what you need to know about the enforcement and modification of divorce orders.

Enforcement of Divorce Orders

When one party fails to follow the terms of a divorce order, the other party can take legal action to enforce the order. Some common issues that require enforcement include failure to pay child support or spousal support, failure to comply with child custody arrangements, and failure to divide marital property as per the order.

The first step in enforcing a divorce order is to file a motion for enforcement with the court that issued the order. The court will then schedule a hearing, during which both parties can present their case. If the court finds that one party has violated the order, it can take a variety of actions to enforce the order, such as issuing a fine or even holding the non-compliant party in contempt of court.

Modification of Divorce Orders

Child Custody Modification

Child custody can be modified if there is a significant change in circumstances. Such requests can be due to changes in schedules, the need for additional time with the children, or changes in the lives of the parents or children, such as illness or special needs. 

Parental Relocation Modification

If a parent is a sole conservator, he or she typically has the exclusive right to decide where the child lives. If the parents are joint conservators, the non-moving parent will need to give consent for the other parent to move away with the child. If the non-moving parent does not consent to the relocation, the parent will need to petition the court for permission to relocate. 

Child Support Orders Modification

Modifications to child support orders are necessary when there is a substantial change in financial circumstances, like a significant increase or decrease in income for either parent. It is important to file a modification request promptly when circumstances impact a parent’s financial situation.

Contact an Austin Divorce Attorney from Powers and Kerr, PLLC

If you are experiencing difficulties in enforcing or modifying a divorce order, divorce attorneys can help.

At Powers and Kerr, PLLC, we understand the challenges that can arise during and after a divorce. Our team of attorneys can help you navigate the legal system and will focus on creating an evidence-backed case. Contact our Austin divorce attorneys today at 512-610-6199 to schedule a consultation and learn more about how we can assist you. 

Sources:  https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59