A final divorce decree or custody order is meant to provide stability, but it is rarely the final word in a family’s legal journey. Life is unpredictable. People lose jobs, get promoted, remarry, relocate, or face health challenges. When these significant life events occur, the court orders that once worked perfectly may become obsolete or impossible to follow. At Anthony M. Zezima, P.C., we help clients navigate the post-judgment landscape through Modifications and Enforcement actions.
Recognizing the Need for Modification
In Georgia, you cannot simply change a court order because you changed your mind. To obtain a Modification of custody, visitation, or support, you must demonstrate that there has been a substantial change in circumstances since the original order was signed.
For Child Custody and Visitation, this change must be material and affect the welfare of the child. This could include a parent moving to a new city, a child reaching an age where their needs have changed, or concerns about the child’s safety in one parent’s home. We help clients gather the necessary evidence to prove that a modification is not only warranted but essential for the child’s well-being.
Financial modifications are also common. If a paying parent loses their job involuntarily or suffers a significant reduction in income, they may be eligible for a downward modification of Child Support or Spousal Support. Conversely, if the paying parent receives a significant promotion or inheritance, the receiving parent may be entitled to an increase. It is crucial to file for a modification immediately when financial circumstances change, as the court generally cannot retroactively change support amounts; they can only modify them from the date of filing onwards.
Enforcement: When the Rules Are Broken
Sometimes, the problem isn’t that the order needs changing, but that the other party simply refuses to follow it. This can be incredibly frustrating. You may be dealing with an ex-spouse who consistently fails to pay alimony, refuses to reimburse medical expenses, or denies you your court-ordered visitation time.
In these situations, Enforcement actions are necessary. The most common tool is a motion for contempt. If the court finds that a party has willfully violated a court order, they can face serious consequences, including fines, payment of the other party’s attorney fees, and even jail time. We take a firm stand in these matters because a court order is a mandate, not a suggestion. We work to ensure that you receive the support and parenting time you are legally entitled to.
Dealing with High-Conflict Situations
Unfortunately, some post-judgment issues arise from volatile situations. If safety becomes an issue due to Domestic Violence or erratic behavior, immediate action is required. This might involve seeking a temporary protective order or an emergency modification of custody. We prioritize the safety of our clients and their families, acting quickly to bring these matters before a judge.
The Role of Appeals
In some rare instances, the need for change arises immediately after a trial because the outcome was legally incorrect. If a judge made a mistake in applying the law regarding Property Division, support, or custody, you may have grounds for an Appeal.
Appeals are complex and require a deep understanding of legal procedures and case law. Unlike a trial, where you present witnesses, an appeal is an argument based on the record of what happened in court. We are experienced in analyzing trial transcripts and identifying legal errors that may warrant a reversal or a new trial.
Preparing for the Future
Whether you are seeking to update a parenting plan to accommodate a teenager’s busy schedule, trying to collect unpaid support, or defending against a modification request that you feel is unfair, we are here to help. We understand that revisiting legal battles can be stressful, but it is often necessary to protect your rights and your financial future.
At Anthony M. Zezima, P.C., we provide the experienced counsel you need to handle modifications and enforcement actions effectively. Our goal is to resolve these ongoing disputes so you can return to focusing on your life and your family.