After an Order or Judgment enters, there may be a need to return to Court. Sometimes a party does not comply with the Court’s orders. The opposing party can return to Court to force that party to comply with the Order. Often, a party’s circumstances change and as a result, they are no longer able to comply with the order. The affected party can return to Court to seek modification of the Order.
When one party does not comply with the terms of a Court Order, the opposing party can file a Complaint for Contempt. The Complaint requests that the Court order the delinquent party to comply with the order. At times, penalties or attorney’s fees may be awarded to the complaining party. We will advise you whether failure to comply with an order in your case is contempt and if so, we will guide you through the process to enforce the Court’s order.
There are also times when, for some reason beyond your control, you are unable to comply with an order of the Court. Circumstances may have changed that require you to seek a change in an order. For example, you were laid off as a result of budget cuts in your company and are unable to pay your child support. You must meet a certain standard in order to proceed with a Complaint for Modification. We will advise you whether your situation qualifies for a modification and if you do qualify, help you through the process to achieve a modification.
Whether to file either a Complaint for Contempt or a Complaint for Modification is always a fact dependant decision. Contact us to determine if it is in your best interest to file and what you will gain by proceeding with a Complaint. You can contact Christine G. DeBernardis here online.