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Enforcement is a legal process that ensures parties comply with the terms of existing court orders. Modification avoids enforcement when a party is unable to comply with existing orders and wishes to create different orders.

Enforcement

Your divorce may be finalized, but oftentimes the orders it carries with it can last for years. Whether by accident or through willful conduct, parties may fail to comply with court orders.

Non-compliance with a court order is one of the most frustrating scenarios and generally arises when one party fails to:

  • Pay alimony or child support
  • Pay unreimbursed expenses
  • Abide by current custody and visitation orders
  • Transfer ownership of distributed property

Any failure could lead to contempt of court. If found guilty, the consequences of contempt vary and can range from simple fines or a subsequent order to comply to wage garnishments or even jail time.


Modifications

Life after divorce involves change. Have you had a change in employment? Have you remarried or changed your living situation? Have your child’s needs changed? If you have experienced substantial changes in your life post-divorce, you may be entitled to modify existing divorce orders regarding child custody and visitation, child support, or alimony.


Sometimes circumstances change so significantly, it can be difficult to adhere to the terms of a court order. The burden of proof in these cases, however, lies with the party seeking modification. For either type of matter, it is important to consult with a KKC attorney who can provide guidance on the specific legal requirements and strategies for presenting your case effectively.