Suffolk, Nassau and Queens County Divorce & Family Law Attorney

Modifications, Enforcement Proceedings and Contempt Proceedings

As a divorced parent, I understand that the aftermath of divorce can be difficult for both spouses to endure, particularly when there are children involved. There are times when unforeseen circumstances occur that require a need for a post-divorce modification of a divorce agreement. By offering my legal assistance as an experienced Long Island Divorce and Family Law attorney, my firm can help former spouses with these issues.

In some cases, a significant unanticipated change in circumstances occurs after the divorce judgment. The court may look at whether any of the following circumstances have occurred before issuing a modification:

• Involuntary loss of employment
• New job
• Drug or alcohol addiction
• Mental health issues
• Serious illness or disability
• Birth of another child

With over a decade of experience dealing with these issues I have modified countless divorce agreements in New York throughout Suffolk, Nassau and Queens Counties. There are a variety of modifications that you may encounter, such as modifications of child support and modifications of maintenance/spousal support.  

Child Support Modifications

Whether you are seeking to increase or decrease child support, the Court may look at a number of factors when granting a modification of child support: changes in income, involuntary loss of employment, the birth of another child or emancipation of a child.

Spousal Support Modifications

Maintenance payments can be increased, decreased or terminated depending on a multitude of scenarios: If a spouse remarried or cohabited with an unrelated person of the opposite gender for a certain period of time, involuntary loss of employment, serious illness or disability which precludes gainful employment, or a spouse who no longer requires economic rehabilitation as he or she is self-supporting by obtaining a job, vocational license or educational degree.

When it appears to the satisfaction of the court that a custodial parent receiving maintenance (spousal support) pursuant to an order, judgment or decree of a court has wrongfully interfered with or withheld visitation rights provided by such order, judgment or decree, the court in its discretion, may suspend such payments or cancel any arrears that may have accrued during the time that visitation rights have been or are being interfered with or withheld. 

Child Custody Modifications

When making an application to modify child custody the Courts use "The Best Interest of The Child Standard" in determining whether a modification will be granted. Furthermore, a close examination of the child's home environment, education, medical situation and well-being will be scrutinized.

Child Visitation Modifications

Often parental access or child visitation schedules are altered to meet the changing needs of the child and that of the parents. The Courts use “The Best Interest of the Child Standard” when modifying a child visitation/parental access schedule.

Enforcement and Contempt Proceedings

Nothing is more frustrating than trying to deal with your former spouse who refuses to pay child or spousal support or has accumulated arrears particularly when you count on that financial support to assist you and your child with basic living needs.

Fortunately, there is legal help in the form of enforcement and contempt proceedings. As an experienced attorney in this area, my firm can assist you in obtaining a monetary judgment for the fixed amount of arrears owed. This can be accomplished by:

• Executing on your former spouse’s assets, real estate;
• Income garnishment;
• Sequestration of former spouse’s property as security for payment of the debt;
• Commencing professional license, recreational license, and or driver license suspension proceedings if accumulated support arrears are equivalent to or greater than the amount of current support for four month’s;
• Income tax refund intercepts. 

The ultimate method of enforcement of a child and spousal support order is a contempt proceeding, which may result in the imposition of a jail sentence. The Court must first determine that the former spouse was "willful" in failing to comply with the Child Support or Spousal Support Order.

Whether you are seeking a modification of a child support order, a modification of a maintenance order, modification of child custody order, or a an enforcement of contempt, Attorney Jay D. Raxenberg can provide you with the attention, dedication, and service you need to achieve success in court.

If you need immediate assistance modifying or enforcing the terms of your divorce Agreement, contact Suffolk, Nassau, Queens divorce & family law attorney Jay D. Raxenberg today! Toll Free 1(888) 543-4867