Fairfax Modifications and Enforcement Attorney

Committed to Your Family’s Best Interests

The repercussions of divorce are tough to navigate, especially when they involve children and protect their best interests. At Keithley Law, PLLC, the legal team takes a client-oriented approach to ensure your rights and interests are protected. If you have a family law order in place and seek modification or enforcement, contact Keithley Law, PLLC for legal guidance.

Need help with modifications or enforcement of a court order? Speak with our attorneys in Fairfax today! Call us now at (703) 454-5147 or contact us online for a free consultation.

Understanding Family Law Order Modifications

Modifications in family law refer to changes made to court orders following a divorce, child custody agreement, or spousal support arrangement. Over time, life circumstances can evolve, and what worked initially may no longer be suitable. If the situation has changed, and the terms of a previous order no longer serve the parties involved, you may need to seek a modification.

Some common reasons for requesting modifications include:

• Changes in Financial Situation: A significant change in income or financial resources, such as a job loss, promotion, or the birth of a child, may warrant a modification of child support or spousal support orders. If you are paying child support or alimony, you may be entitled to request a reduction if your income decreases. Conversely, if you are receiving support and your financial needs increase, you may request an increase in support.
• Changes in Custody or Visitation: As children grow older, their needs and schedules may change. If the current custody or visitation arrangement is no longer in the child’s best interest, one or both parents may request a modification. This can be due to a change in the child's schooling, the parents' living situation, or other significant life events.
• Relocation: If one parent wishes to move to a new location that would affect custody arrangements, a modification may be necessary. Relocation can create challenges in terms of visitation, transportation, and the child's relationship with the non-custodial parent.
• Health or Safety Concerns: If there are concerns about the health or safety of a child, such as exposure to abuse, neglect, or drug use, a modification may be necessary to ensure the child’s well-being. Additionally, if a parent’s health changes or if they can no longer care for the child, a modification may be appropriate.
• Changes in the Children’s Needs: As children age, their needs evolve. For example, if a child develops a medical condition, special educational needs, or a new living arrangement, modifications to child support or custody arrangements may be required. The specific statutes addressing child support modification are found in Titles 16 and 20 of the Virginia Code and the specific statutes that apply to your situation will depend upon whether you are filing for support in Virginia Juvenile and Domestic Relations District Courts or in Circuit Court.

The Process of Requesting a Modification

The process for requesting a modification varies depending on the specific situation, but generally, the following steps are involved:

1. File a Petition: The first step in requesting a modification is to file a petition with the court that issued the original order. The petition must outline the reasons for the requested change and provide supporting documentation to demonstrate that the modification is warranted.
2. Provide Evidence: The court will require evidence to support the modification request. This could include financial documents, medical records, proof of relocation, or other relevant materials. Your Fairfax modifications attorney will help you gather and present this evidence.
3. Attend a Hearing: After filing the petition, a hearing may be scheduled where both parties have the opportunity to present their case. If both parties agree to the modification, the court may approve it without a hearing. However, if there is disagreement, the court will hear arguments from both sides and make a decision based on the evidence.
4. Court Decision: The judge will make a decision based on the best interests of the child, the financial circumstances of the parties involved, and any other relevant factors. If the judge agrees that a modification is necessary, the existing order will be modified accordingly.
5. Implementation: Once the modification is approved by the court, it becomes an official court order. Both parties are required to follow the new terms.

Enforcing Family Law Court Orders

Enforcement refers to the legal actions taken when one party fails to follow the terms of a court order. This could involve violations of child custody, child support, spousal support, or visitation agreements. If the other party is not complying with the court order, you may need to take steps to ensure that they are held accountable.

Common enforcement issues include:

• Non-Payment of Child Support or Spousal Support: One of the most common enforcement issues is the failure to pay child support or spousal support as outlined in the court order. If the other party is not paying support, it is important to take immediate action to ensure the issue is resolved.
• Violating Custody or Visitation Orders: If the other parent is not allowing the child to see you during scheduled visitation times or is violating custody arrangements, enforcement may be necessary. Violations of custody orders can disrupt your relationship with your child and have serious emotional and legal consequences.
• Failure to Follow Court Orders: There may be other instances where one party fails to comply with specific terms of a court order, such as adhering to provisions for property division or living arrangements.

Keep in mind that family law orders are a legal obligation. If a parent doesn't pay child support, the parent can be held in contempt and fined, be ordered to pay attorney's fees, and/or be sent to jail. Their driver's license or any professional license may also be suspended.

Let Keithley Law, PLLC, Help. Call (703) 454-5147!

If you seek to modify or enforce an existing child support order, speak to an attorney for legal advice on your next steps. Both parents who’ve agreed to the child support order must adhere to the terms of the agreement or formally petition for a change if significant circumstances have changed.

Call (703) 454-5147 or fill out an online contact form to speak with an attorney at Keithley Law, PLLC, today about your situation.