Enforcement and Modification

Modification and Enforcement of Family Court Judgments

Whether positive or otherwise, new situations in the lives of divorced people and their children can mean that the terms of a child support, custody or maintenance (alimony) decree should be revisited and revised to keep pace with the new realities. If you need advice about the possibility of modifying any aspect of your divorce judgment, custody arrangements or support arrangements, or if you could use some help with the enforcement of obligations that have gone into default, contact an experienced family law attorney at the Roberts Law Firm in St. Louis, Missouri.

Family court judges have continuing jurisdiction and authority to modify the terms of a child support order, spousal maintenance decree, or parent's visitation schedule upon the request of either divorced spouse. Any petition for modification of a family court order should be based on a clear showing of substantially changed circumstances. The greater those changes are and the more closely they relate to the matter at hand, the more likely the court will be to grant the request for modification. In cases concerning support payments, an upward or downward change of 20 percent or more in the support calculation of either party will result in a strong case for modification of the original obligation, unless the party resisting the change presents an especially strong case to the contrary.

Modification requests in cases that present less drastic changes of circumstances may still succeed, but the former spouse who seeks the adjustment will generally need to make a clear showing that a relatively minor change in income or need has unexpectedly strong consequences or implications. Our family law attorneys can review your situation to give you a good idea whether your position with respect to a given modification is likely to convince the court. In many cases, we can work out a compromise agreement with the other spouse that will solve the immediate problem while protecting your essential interests.

We also help both paying and collecting spouses with the resolution of enforcement problems in matters ranging from unpaid child support obligations to repeated violations of a shared custody or child visitation plan. If you need help collecting overdue payments, we can use the contempt process to compel a court appearance by the spouse in default, work out realistic plans to cure arrearages, and monitor the defaulting party's future performance. If you are the one who has fallen behind on child support or alimony payments, we can advise you about the specific risks you are facing and help you come up with payment terms that you can live with. In some cases, we can also seek a reduction of your obligations based on unfavorable new facts about your income or employment.

To learn more about our ability to help you resolve the problems that can come up long after the divorce is final, contact a Missouri divorce litigation lawyer at the Roberts Law Firm for dependable advice about modification and enforcement of family court judgments.