Post Judgment Modification and Enforcement

Modification or enforcement of orders may be required after the entry of the original order. Our principal family law attorney has nearly 20 years of experience in both Nevada and California in dealing with both modification and enforcement of orders, as well as the setting aside of judgments or decrees where necessary. Please contact us if you need help in any of these areas.

1. Modification of Child Custody and Visitation
   Modification of child custody and visitation may be necessary due to material changes in one or both parents’ location or living circumstances or even based on the preferences of children of sufficient age and maturity. Also, when there are disputes between parents as to decisions which must be made regarding the health, education or welfare of the child, the Court may have to intervene to resolve the dispute.
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2. Modification of Child Support
   Modification of child support may be necessary due to material changes in one or both parents’ income. It may also be necessary when a child leaves home or to impute “earning capacity” to a party who is willfully unemployed or is not making efforts to earn a livelihood despite experience and opportunity.
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3. Modification of Spousal Support
   Modification of spousal support can result from material changes in the income of one or both parties, the decision of a supported party to cohabitate, or other material changes in financial circumstances of either party. Spousal support can even be modified in some cases when a companion child support order terminates due to the children reaching the age of majority.
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4. Enforcement of Support Orders
   Enforcement of support orders may be requested from the court that issued the order of support. Enforcement can come not only in the form of wage assignment but also can involve execution of bank accounts, retirement accounts and other assets in the event an arrearage judgment is entered.
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5. Contempt Proceedings
   Contempt proceedings may be instituted when a party refuses to pay support, abide by the terms of a custody and visitation order or fails to comply with other provisions of the Court’s orders. Contempt is quasi-criminal in nature and can result in the Court instituting attorney’s fees, sanctions and even incarceration in some circumstances.
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6. Setting Aside Judgment or Decree
   Within strict time limits, the court may allow a petition to set aside a judgment or decree if it was based on mistake, fraud, duress, or certain other enumerated factors.
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7. Appeals
   An appeal may be taken from an order or decree, in some circumstances, when a person has been unfairly treated by that order or decree or the Court has failed to properly apply the law.
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