Modification and Enforcement of Orders

Family court can be a troubling and exhausting place to resolve differences. Alabama family courts handle everything from divorce cases to paternity disputes and child custody disagreements. Whether married, single, or separated, when there is an intimate relationship resulting in children, any disagreement about where the child will live or how the child will be cared for will necessarily need to be resolved by a family court judge in the appropriate jurisdiction in the state.

At Anderson Miller Law Firm, our devoted family court lawyers are here to help. For years, people throughout Alabama have turned to our attorneys for guidance during some of the most difficult and painful times of their lives.

What Are Orders and How Are they Modified?

Anytime a court makes an “order,” it is a legal document that carries the weight of the entire judicial branch. This means the judge’s order is an instruction that must be followed, just like any other law. Just as you would not disobey a stop sign, a court order must be followed, or serious consequences can arise. If someone cannot follow a judge’s orders for any reason, there is an appropriate way to handle the situation. It is known as modification.

To modify a court order in family court, the party seeking modification will bring what is known as a Petition to Modify the specific order in question. That petition will lay out the grounds for modification, why it is sought, and the legal theories behind seeking a change in the court’s prior order.

Typical orders that people seek to modify include:

Why Seek Modification?

Modification of a court order is not automatic, but there are certainly some reasons why you should consider seeking modification. Child support is perhaps the most common. Either parent can seek a modification when there is a change in circumstances. If you are receiving $400 in child support each month and discover that the other parent is now making considerably more money than at the time the order was entered, then you should absolutely seek to modify the order. This is because the court will likely agree and increase the support order, thereby more fairly providing for your children.

Likewise, another common form of modification is to seek changes in parenting time and visitation. Consider what happens if one parent was forced to live several hours away due to work at the time of separation. The court awarded primary custody to the parent who stayed in the family home, and the distant parent only received infrequent visitation. However, if that parent moved back to town and had a work schedule that allowed for more frequent time with the kids, it may be wise to seek modification to allow more parenting time.

How to Enforce a Court Order

Enforcement, like modification, is a legal action through which a party asks the court to take measures to make sure its prior orders are followed. The most common example would be child support enforcement. Say that one parent is ordered to pay child support but abruptly stops paying without a good reason. The receiving spouse may file a particular court action in the appropriate court, seeking to have the judge bring the non-paying spouse before the court to explain why he or she is not following the judge’s prior ruling. This is often referred to as a Rule to Show Cause or Petition for Enforcement of Support.

At a hearing on a Rule to Show Cause, the judge will allow the parties and their attorneys to make arguments and even examine witnesses under oath, in order to determine if the violation of a court order was done with ill intent or whether it was due to an inability to comply. The courts are not generally inclined to punish people for genuine hardship, but they will require a good explanation and make further orders to get parties back on track.

If you are facing an enforcement proceeding or need to modify a prior court order, contact Anderson Miller Law Firm today, and find out if one of our experienced family court lawyers may be able to help.