Concord, North Carolina, Lawyers: Modifying or Enforcing Court Orders
If the custody agreement no longer squares with the changing needs of your family, or the other spouse is not honoring terms of child support or visitation, it may be necessary to go back to court.
The Baker Law Firm, P.A. in Concord, North Carolina, represents either parent in modification of child custody or child support orders, or in visitation and child support enforcement of the existing court order. Our family law attorneys practice in courts of Cabarrus County, Rowan County, Stanly County and neighboring jurisdictions. Contact us today for a confidential consultation.
Modifications of Custody or Child Support
When there is a permanent order for child support, the law requires a "substantial change in circumstances" to increase or decrease the amount. A judge will recalculate child support only for certain scenarios, such as a switch in custody, a parent's relocation, a parent's involuntary unemployment, or increased needs of the child. Our job is to argue on your behalf in the modification hearing and make sure the court has accurate information about the other spouse's income.
Modifying custody also requires a "substantial change in circumstances." We have represented the custodial or non-custodial parent in these controversial matters:
- A teen who wants to live with the other parent
- A petition for sole custody because the other parent is unfit due to drug use, child neglect or other behavior harmful to the child
- Relocating to another state with the kids
The court's overriding criteria is the best interests of the child, not what is convenient for the parents. Our role is to prove to the court our client's honest motives and good reasons for custody modification.
If child support or custody is governed by a separation agreement (instead of a permanent divorce order), the parent seeking modification has a greater burden of proof. It may be necessary to file an original order and ask the court to "start from scratch" to calculate support or award custody.
Contempt of Court: Enforcement of Visitation or Support
If there is a permanent order for child support and the paying parent has stopped paying, we can initiate contempt proceedings for child support enforcement. If the judge finds the parent in contempt—able to pay but willfully refusing to do so—there can be criminal penalties (jail and fines) and civil actions (wage garnishment). In the case of a separation agreement, we would ask a court for specific performance to force the parent to pay, under penalty of jail until he or she complies.
The same remedies are available if the other parent is refusing to grant visitation or repeatedly interfering with the visitation schedule.
The Baker Law Firm has successfully represented parents on either side of these disputes. Call our lawyers at 866-943-7966 or contact us online to schedule a consultation.
