Enforcement & Modification of Virginia Custody & Child Support

In divorce and family law cases, the divorce decree or other final order in a case involving minor children often isn’t really final. Children’s needs evolve, financial circumstances change, people move, and orders that once worked for a family may no longer serve its needs. In short, sometimes it is necessary to modify an existing court order when it comes to the custody and support for minor children.

Then there are the situations in which the court enters an order, but one parent or ex-spouse refuses to abide by it. When one party to a case plays by the rules, and the other doesn’t, the only way to get a fair outcome may be by going back to court to enforce the order. In extreme cases, it may be necessary to modify the order as well.

Enforcing or modifying a Virginia custody or support order is a lot easier with the help of an experienced family law attorney. To get the help you need, contact Johnstone Law today.

Enforcing Virginia Child Custody and Support Orders

If your co-parent or ex-spouse is not doing what the court has ordered them to, like providing visitation with your children or paying the support they are supposed to, there are measures you can take. The first step is to try to communicate directly with the other party if possible. If that’s not possible, or it doesn’t work, it may be time to get a lawyer involved.

A family law attorney can file a motion for contempt asking the court to hold the non-compliant party in contempt for violating the court order. There will be a hearing on the motion, and, if the court is satisfied that your ex-spouse or co-parent violated the order, it can take various actions depending on the situation. For instance, if the violation was a failure to pay child support, the court could order an arrearage payment to be made in addition to the monthly support payment, institute a wage garnishment, suspend the non-compliant party’s driver’s license or, in some cases, put the non-compliant party in jail for up to twelve months. In addition, the court may order the offending party to pay the opposing party’s attorneys fees.

A contempt finding can have serious consequences, so if you are the party who has been accused of violating a court order, you also need experienced representation to protect your interests.

Modifying Virginia Family Law Orders

If your support or custody order is no longer appropriate for your family’s needs and situation, you may be able to modify it. Child support, child custody, and visitation orders are modifiable if there has been a material change of circumstances and the proposed modification is in the best interests of the child. Spousal support is modifiable as long as you and your former spouse did not agree to make it non-modifiable.

If you and the other party are willing to agree to a modification, you do not have to prove a material change of circumstances. Your attorneys can prepare a modified order for you both to sign and submit it to the court for approval. If the court approves the modification, the new order replaces the previous one.

However, if one of you wants to modify the order and the other does not, the person who wants the change will need to petition the court to modify the order. If the court finds a material change in circumstances (such as one parent having lost a job), the court will modify the existing order. If the order relates to a minor child, the court will require that the modification is in the child’s best interest.

Work With an Experienced Virginia Family Law Attorney

Modifying a family law order can be challenging, because courts value stability and predictability for families and discourage needless, disruptive litigation. An experienced family law attorney knows how to make your case for modification or enforcement to the court, whether you are seeking a change, or looking to preserve the status quo.