Assertive Scottsdale Lawyer Helps to Enforce and Modify Court Orders
Thorough family law attorney addresses changed circumstances for clients
The dissolution of your marriage is not the end of potential problems with your former spouse. Changed circumstances or your former spouse’s intransigence might necessitate further action. Mark Cord has practiced divorce and family law in the greater Phoenix area for more than 40 years and is one of the few attorneys certified as a family law specialist by the Arizona State Bar. Whether you’re seeking to modify or enforce a divorce order or defend against it, Mark is prepared to fight for the best possible outcome.
Why divorce decrees and agreements might need to be modified
The outcome of a family law matter may not work down the line. For example, even after a court finalizes your divorce, changed circumstances can cause one or both of the parties to seek a modification of the prior order or decree. The granting and amount of alimony, child custody, visitation and child support depend on a number of economic and other factors. Examples of such circumstances that can affect them, therefore, include:
- A change in a job or income level
- Cohabitation with another person
- Loss of health insurance
- Evidence that a child custody or visitation arrangement endangers the child’s physical, mental, moral or emotional health, such as when the child is exposed to violence or abuse
Modifications that the changed circumstances might require include:
- Termination, reduction or increase in alimony
- Reduction or increase in child support, if a new child support calculation would differ from the current one by at least 15 percent
- A change in the schedule or terms of child custody or visitation arrangements
Mark Cord can advise you as to whether your changed circumstances justify petitioning the court for a modification of the divorce agreement or decree and represent you in obtaining the appropriate modifications. Or, if you want to prevent a modification, he can represent you in your efforts to defend the status quo.
Enforcing divorce agreements and decrees
If your former spouse violates the divorce agreement or decree and it cannot be resolved through communication, either by you or your attorney, it might be necessary for you to go to court to enforce your rights. The first step is to convince the court to issue an order mandating compliance. If your ex-spouse continues to refuse, the court can hold the violator in contempt of court, the punishment for which is jail or a fine. If a party to a divorce refuses to pay his or her share of the marital debts, the court might also order the sale of some of his or her property to pay off the debt. However, the largest array of enforcement tools are those available for use against parents who refuse to pay child support, including garnishing their wages, taking it out of their income tax refunds, notifying the credit report agencies, and getting their driver’s, professional and recreational licenses suspended. Mark can help you enforce a divorce obligation or defend against an unwarranted enforcement action.