Support and Custody Orders Are Legally Binding and Enforceable
Like any court order or formal contract, a divorce decree, support order, or custody order are binding on both parties. If either spouse or parent fails to follow the terms of the divorce decree or applicable court order, the other spouse or parent may begin a formal enforcement action — asking a judge to order the non-complying spouse to abide by the terms of the order.
Divorce decrees, custody orders, and support orders are not only binding, they also are modifiable based upon a change in circumstances. Incomes change due to raises, promotions, or the loss of a jobs. Parents move and children's preferences change. As a result of these types of changes and other unanticipated changes, Virginia's domestic relations laws often allow for modifications to divorce decrees, custody orders, and support orders to reflect changed circumstances.
Nova Family Law Group — Fairfax, Virginia
In addition to representing clients in new divorce cases, the experienced lawyers of the Nova Family Law Group are also available to provide legal representation in modification and enforcement cases. Our attorneys focus our practice on high-conflict cases, bringing decades of experience to bear on complex and high-emotion family law disputes.
Modifications of Divorce Decrees
Child support may be modified — either upwards or downwards — if either parent's financial circumstances change significantly. Child custody and visitation arrangements may also be modified, in order to protect the best interests of the child.
Divorce decree modifications can be as contentious as the original divorce proceedings. Financial investigations may be necessary to prove or fight against a request for a child support modification. We may need to obtain expert opinions from child psychologists or custody evaluators in order to build a case for or against modification of a custody or visitation agreement.
Enforcement of Divorce Decrees
Questions about enforcement of divorce decrees are extraordinarily common.
- What can I do if my spouse won't sell the house, like we agreed?
- Can my spouse refuse to pay child support?
- I lost my job — what should I do about child support?
- What can I do if my spouse refuses to follow our visitation agreement or parenting plan?
The formal term for a petition to enforce a divorce decree is called a motion to show cause. This court petition demands that the non-complying spouse explain to the court why he or she is not complying with the terms of the divorce decree. A successful enforcement action can have serious negative consequences for the non-complying spouse, including payment of the other spouse's attorneys fees, court fines and loss of a driver's license or professional license.
Contact the Nova Family Law Group
Whether or not we handled your original divorce, we welcome you to contact us with questions regarding divorce decree modification or enforcement. To schedule a complimentary 30 minute initial consultation, please call 703-763-0980 or 866-639-8801 or use our online contact form.
