Modifications and Contempt of Court

Modification in the context of family court is when the terms that were initially agreed to in the divorce are changed in order to fit new or changing circumstances.  There can be modifications in the custody of children, child support, alimony payments or division of property or assets.  If an ex-spouse is in violation of the decree made by the Court at the time of the divorce or violates the modified agreement, the compliant ex-spouse can motion for a modification; the ex-spouse in violation is said to be in ‘contempt of court.’

In order to have modifications made to your terms of divorce, for example, a motion for contempt of court must be filed.  This can be done through a family law attorney or you can represent yourself, but it is important that a copy of the contempt is served to your ex-spouse.  Included in the motion must be specifications about where your ex-spouse has violated the final decree of divorce, all of which must be supported with proof.

There are a few things that can result from a motion for contempt of court.  If it is proven that your ex-spouse is guilty, they can be imprisoned as long as the contempt continues.  While this is an option, it is more likely that they will be given a period of time to come back into compliance before any drastic punishments are made.

The process of filing a motion for modifications or contempt of court can sometimes be difficult to navigate, so the modification lawyers at Revelli & Revelli are more than willing to help you. Whether you need representation or you simply have questions about modifications and contempt of court, call us or request a free consultation. We are modification lawyers who can help you seek the justice you deserve.

Modification FAQs

How many times can I file modifications for my child support?

There is no exact answer.  Generally, the Attorney General will review orders every three years, but modifications can be filed sooner if you can prove that there has been a substantial change in circumstances.

Can I file modifications for visitation?

Visitation can be modified if there has been a change in circumstances in which it is in the children’s best interest for visitation to be altered to fit these new changes.