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Jan, 27 2019

Life is messy, and even after a divorce when there are court orders in place to mandate how life should move forward, it can still be messy. The court enters different judgments on how you and your former partner need to act towards each other and your children. However, what happens when one person doesn’t uphold what they are supposed to be doing in regards to the court orders? What if a problem comes up after the judgment is already in place? There are ways that you’re able to enforce a judgment or modify it as necessary through the courts.

How Do You Enforce a Judgment?

In order to enforce a judgment, you may have to take the other party back to court by filing a motion. This motion will inform the courts that the agreement made before the divorce is not being honored by the other party. The courts can step in to assist you in enforcing the judgment. For instance, the courts could decide that if a parent isn’t honoring the custody arrangement, they could assign full custody to the parent that is involved in the child’s life. This would then modify the judgment that needs to be enforced if the person that is not in compliance is unwilling to do what they must to get into compliance.

What Situations May Require You to Enforce a Judgment?

There are numerous situations that can come up that may require you to enforce a judgment. Often, it’s when the agreement that had been made is not being upheld by the other party involved. For instance, you arranged that your ex would have custody of your child every weekend, but they only take the child every other weekend and cancel the rest of the weekends.

Other situations include:

  • Not paying child support
  • Not providing any court-ordered items, such as health insurance
  • Taking the child for visitation when they don’t have permission to do so

There are all different situations that can come up where you may need assistance in getting your judgment enforced. When something becomes a danger to you or your child or the behavior that was supposed to be just a one-time thing turns into an everyday occurrence, it may be time for something to do be done to enforce the judgment.

Is Legal Assistance Required to Help Enforce a Judgment?

In most instances, you’ve already tried your best to get the other party involved in handling their part of the judgment. Often, the only other alternative is to take them to court. In this instance, legal assistance can be very helpful in getting the outcome that you desire during these proceedings. Speaking to a legal representative can give you the assistance you need to properly document and pursue your issue. They can give you a run-down of the options that you have for your children.

How Can You Get a Court Order Modification?

There are also some situations where you may need to get a court order modified.

What Situations May Require to You Modify Your Court Order?

There are also numerous situations that can come up that can require you to get your court order modified. Life doesn’t stop once your divorce is finalized, and that means that changes happen. You or your ex may go through life-changing events that can require changes to the judgment ordered by the court. For instance, if you or your former spouse lost their job or received a promotion, this could result in a need for the court order to be modified. Child support may need to be decreased or increased depending on the situation.

Some other instances where a court order may need to be modified includes:

  • The desire to move and bring the child with you
  • Wanting to change who has custody of the child
  • One parent becomes unfit to care for the child, such as one parent dealing with an addiction issue
  • Instances of abuse
  • Health issues
  • Lack of parental support

This list is not inclusive of every reason why a court order may require modification. If changes have occurred in your life that can make it hard to stick with the judgment order, it’s important to seek out a modification. You don’t want to have your former partner need to enforce a judgment against you because something changed in your life that makes it impossible to stick with the current court order.  

Do You Need Legal Help to Get a Modification to Your Court Order?

As with many things in life, you do have the option to DIY it, however, there are just some areas of life that are better off with professional advice. Getting legal help when seeking out a modification to your court order is often a great idea. They can advise you on whether or not you need the modification, and the best way to move forward to get this modification granted.

Are you struggling with getting your ex to take care of their part of the bargain and need to have the courts enforce a judgment? Has things in your life changed to the point where your court order needs a modification? Bansmer Law can help. Contact our professional staff to discuss your situation today. We can assist you in moving forward with handling these issues.  

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Stockton Family Court

  • The Stockton Family Court is a division of the Superior Court Of California.
  • The main responsibility of the Stockton Family Court is to settle matters pertaining to Child Custody.
  • Family Court services also include an orientation program for parents and modifying existing child custody agreements.