When maintenance or child support is not paid or parental rights are violated, an enforcement action may be necessary. Since the terms of a divorce or parental responsibilities judgment are legal obligations imposed on both spouses, any violation of them on the part of either party may have grounds for an enforcement action.
Over time, the arrangements you made for spousal support, child support or parenting time may no longer suit your needs or the needs of your children. You can seek a modification of court orders to alter these arrangements if you can prove that an alteration in your circumstances warrants the change.
Experienced Legal Support When Circumstances Change
At Hogan Omidi, PC, our attorneys prepare and file enforcement actions to collect child support and spousal support in arrears and enforce parenting time agreements and orders. While there is a state agency in Colorado that pursues back-owed child support, filing an enforcement motion through the court can help expedite the process and initiate action sooner rather than later. Additionally, if parenting time schedules are being ignored, filing an enforcement motion can protect your parental rights.
If your ex-spouse has violated the terms of your divorce judgment, or if your original agreement needs to be altered because of a significant change in circumstance, contact Hogan Omidi, PC, today to schedule an appointment to learn how we can help you.
Our attorneys can represent you in the following kinds of enforcement actions or modifications of court orders:
- Child support
- Spousal support
- Enforcement or modification of parenting time
- Enforcement or modification of visitation rights
- Enforcement of a divorce judgment regarding the division of marital debt
- Enforcement or modification of health care coverage orders
- Enforcement of the division of marital assets
Child Support Modification And Enforcement
Child support is intended for the upkeep and support of a child. When the court orders child support to be paid, it is a legal obligation that is not subject to change unless authorized by the court.
If a parent fails to pay child support, his or her driver’s license can be revoked, wages can be garnished, and tax refunds and other assets can be seized. Seeking an enforcement initiates the process and calls attention to your child’s case. If your ex-spouse claims that sickness or job loss interferes with his or her ability to meet child support obligations, we can investigate the accuracy of such claims.
If you have lost your job or your income has dropped significantly, you need to file a modification of court orders to change the amount of child support being paid as soon as possible.
For parents paying child support, you are legally responsible for the amount set forth in the divorce decree, regardless of your ability to pay it. For parents receiving child support, the sooner your ex-spouse and the courts are aware of your need to have child support increased, the faster your case may be resolved.
Modifying Or Enforcing Visitation And Parental Rights
Your ex-spouse cannot use court-ordered parenting time to manipulate you or exact revenge because of a disagreement. Likewise, just because a parent’s schedule may change, placing it in conflict with the parenting time schedule, does not mean he or she can simply change or deny parenting time.
If your parenting time rights have been violated, our attorneys can file an enforcement motion with the court to put your ex-spouse on notice that he or she may be held in contempt of court if he or she continues obstructing access to your children.
If one or both parents’ schedules have changed, or if the current parenting plan no longer works because of children’s schedules, you need to file a modification of court orders to revise your parenting plan.