Enforcing And Modifying A Judgment
If you have a judgment of divorce and your ex-spouse is not complying with the same then you should seek to enforce the terms thereto, including any divorce settlement agreement incorporated therein. If it can be established that your ex-spouse’s noncompliance was willful then he/she may find themselves in contempt of court. This means they can be incarcerated! The very judgment and stipulation itself may call for the award of counsel fees for noncompliance.
If you desire to modify the terms of your divorce, it may be difficult more or less difficult depending on the requested modification. If you seek a modification in spousal support, it will be necessary to prove “undue hardship”. If you seek a modification in child support, then it will be necessary to prove to the Court that a “substantial change in circumstances” has occurred since the judgment of divorce was signed. Both standards require an unanticipated and unforeseen change in circumstances.
Please contact my office to discuss your enforcement and modification of a divorce judgment: 718-720-1000.