State of Maine Statute for Contempt of Court Family Law

Post-Judgment Modifications & Enforcement

Can I Modify the Divorce Order?

Following a family unit police force case in the Country of Maine, whether the case involves divorce, kid support or custody, visitation rights, or other issues, the court provides a judgment and dictates a variety of orders that the involved parties must follow.  Your circumstances may change or your old spouse may be backside on child back up payments or spousal support, or he/she may not be post-obit the courtroom orders.

Whether your issue involves modification or enforcement of divorce judgments or parental rights and responsibilities, Portland, Maine family unit police attorney Susan M. Schultz will fight for your interests. We sympathize that circumstances change and will work with you lot by helping you lot file and litigate a post-judgment motility in court.  For a consultation regarding your post-judgment movement, phone call attorney Susan M. Schultz today at (207) 210-6555.

Why Y'all May Need a Post-Judgment  Attorney

Financial circumstances and living arrangements may change in the months or years after a divorce, rendering a previous order outdated and no longer in the best interest of one or both parties or the parties' children.  In Maine, many individuals seek post-judgment modification for the following reasons:

• Modifying kid support
• Modifying the child's residence or parent contact
• Modifying spousal support
• Moving abroad or relocating

Before filing a post-judgment motility, all the same, information technology is important to showtime make a good-organized religion endeavour to piece of work out the problem with the other political party.  If both parties agree on the change, y'all should still file a mail service-judgment motion to brand the agreed-upon modifications legally binding.  If both parties do not hold to the change, the matter will need to be addressed in family court.

There are three types of post-judgment motions that may apply directly to your situation, including:

• Motions to modify a court social club
• Motions to enforce a court order
• Motions for contempt

Motions to Modify a Family Police force Judgment

Past filing a motion to modify a courtroom order, you lot are essentially asking the court to change its previous judgment; therefore, one of the nigh important things yous need to evidence the court is a "substantial change in circumstances." Some examples of a substantial modify could include:

• A change in financial circumstances that could affect child support by 15% or more
• A change in a parent'southward schedule or where a parent lives, affecting visitation rights
• A alter in one parent's power to be involved in the child's life, affecting primary residence or parental rights
• A change in fiscal circumstances that could bear upon spousal back up

Besides, it is important to note that if iii years have passed since the court's initial kid support order, you lot may ask the court to update child support without having to show a "substantial" modify in financial circumstances.

Motions to Enforce a Family unit Constabulary Judgment

If the other party is not fulfilling his/her court-ordered obligations regarding child back up, visitation, spousal support, or whatsoever other court orders, you may file either a motion to enforce a family unit law judgment or a motion for contempt.  A motion to enforce is usually the better pick for several reasons, some of which include:

• The procedures are more breezy than a court hearing and the enforcement orders may exist completed via mediation.
• If the other party contests your motion to enforce or move for contempt, you lot will accept the "brunt of proof."  In a motion to enforce instance, your burden of proof is much easier to meet than in a motion for antipathy.  To succeed with a motion to enforce, you must demonstrate only that the other party has not complied with the court order.   To succeed with a move for contempt, y'all must demonstrate by "clear and disarming evidence" that the other party had the ability to comply with the courtroom club, but willfully refused to do so.

Motions for Antipathy

If the other party is non adhering to the post-judgment enforcement club, or desperate circumstances are involved (the other political party is acting hostile with regard to the courtroom orders), so y'all may need to file a motility for contempt.  In general, a motion for contempt involves several elements, including:

• The acting judge must corroborate the move for contempt earlier you are able to serve the papers on the other party.
• Simply a guess, every bit opposed to a magistrate, can hear the instance.
• Mediation might non be available.
• The courtroom serves the other party a subpoena for a formal court hearing.
• The judge may order more serious sanctions, which may include incarceration unless or until the contempt is cured.

Call Portland Family unit Law Attorney Susan M. Schultz Today for Your Post-Judgment Needs.

Whether post-judgment problems tin can be resolved by agreement or require litigation, it is always essential to have an experienced family law attorney at your side.  Portland lawyer Susan M. Schultz volition diligently and zealously represent your interests in courtroom or at the mediation table.  For a confidential consultation with Susan Thousand. Schultz, call our Portland law function today at (207) 210-6555.

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Source: https://www.schultzfamilylawyer.com/practice-areas/post-judgement-modifications/

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