Las Vegas Modification & Enforcement Lawyer
A final judgment of divorce officially and permanently dissolves a marriage, and the court orders made as part of the divorce are likewise final and permanent. However, there are times when circumstances later change that make those court orders unfair or unworkable. At those times, it is possible to go to court for a modification of an order. Of course, the other party may object to the change, and a hearing in court may be necessary to resolve the dispute. The Las Vegas modification & enforcement lawyers at the Kainen Law Group in Las Vegas represent parties who are seeking or challenging a proposed modification of a court order for child custody, child support or alimony/spousal support. Additionally, we also provide advice and representation in proceedings regarding the enforcement of court orders as needed.
Modification
Either parent can request a review and modification of child support payments every three years, or at any other time when there has been a significant change in the financial situation of either parent. For instance, a change of 20% or more in the payor’s gross monthly income is a changed circumstance which requires review of the child support payment.
In any modification of child support, child custody or alimony, the key factors are whether there has been a significant change in circumstances justifying a modification, and whether a modification is in the best interest of the child, in the case of child custody or child support. Some examples of changed circumstances which might justify a modification of a court order include:
- An up or down change in the income of the payor
- An up or down change in the income of the recipient
- The payor of support has lost his or her job
- An alimony recipient has remarried or moved in with a new partner
- A child has acquired special educational needs or significant health expenses
- A custodial parent can no longer care for the child due to increased work demands
- A custodial parent wishes to relocate with the child
A party seeking a modification will have to justify the need to the judge and additionally prove that the modification is in the child’s best interests. The other party may oppose the modification and try to prove that any change is not in the child’s best interest. The court has authority to modify or terminate custody at any time in the best interest of the child, and likewise can modify or terminate child support or spousal support payments when justified.
Our attorneys at the Kainen Law Group prepare and present a strong case on your behalf when seeking or challenging a modification, helping to ensure that family court orders continue to meet your needs and the needs of your kids.
Enforcement
If your ex is not paying child support or alimony in accordance with court orders, or is not sticking to the child custody and visitation schedule, it may be time to return to court for assistance with enforcement of court orders. In the best of cases, most disputes can be worked out between the parties themselves or with the help of their attorneys, without the need to go to court. But when informal attempts at resolution fail, there are many legal tools your attorney has to compel enforcement.
A hearing on unpaid child support can be held to determine the amount a person is in arrears, plus interest and reasonable attorney’s fees. A ten percent penalty can also be added for late payment in certain situations. In addition to going to court, there are state and federal agencies that can help enforce child support orders by garnishing the payor’s wages, intercepting a tax refund, or other means. These agencies can also be helpful in tracking down an ex-spouse who seems to have disappeared and stopped paying support.
A court order is an enforceable judgment, and your attorney can utilize a variety of legal means to enforce and execute a judgment. Be sure and contact your attorney if a serious breach of court orders is occurring that you cannot resolve with your ex.
Help is Available for Modification or Enforcement of Nevada Family Law Court Orders
If you are seeking or opposing modification or enforcement of alimony, child support or child custody orders in Nevada, contact the divorce and family law specialists at the Kainen Law Group in Las Vegas at 702-823-4900.
