Post-Divorce Enforcement And Modifications
The terms of a divorce settlement or family law agreement are not optional — they are legal binding obligations. The last thing you might want to do is return to court, but when an ex fails to pay child support, spousal maintenance or interferes with visitation rights, an enforcement action might provide a remedy.
At the Law Offices of John A. Guthrie, our Pleasanton and Danville-based attorneys protect and assert the rights of our clients in matters pertaining to child support, spousal maintenance (alimony), the division of marital property and parenting plans. Your ex-spouse cannot simply ignore the terms of a divorce decree.
Has it been months since you received a child support or spousal maintenance payment? Has your ex-spouse refused court-ordered visitation rights? Our enforcement action lawyers have the resources and experience needed to go to court to force compliance with the terms of your divorce.
When Are Enforcement Actions Necessary?
We represent clients in regard to the following enforcement actions:
- Payment of child support
- Payment of spousal maintenance
- Enforcement of visitation rights
Custodial parents sometimes assume they control access to children. When arguments occur, they may deny visitation rights, change a vacation/holiday schedule, or insist that a noncustodial parent cut their visitation time short. If your ex-spouse engages in behavior that violates an established, court-sanctioned visitation schedule, we will demand enforcement of your visitation rights.
When it comes to unpaid child support, we can commence a child support enforcement action to ensure you have the resources to provide for your child or children.
Child Support Arrears — A Modification Might Help
If illness or job loss has impacted your ability to stay current on child support payments, it’s essential that you involve an attorney in your case as soon as possible. Once you are reported to the California Department of Child Support Services (CCSSD), you could have your wages garnished, your driver’s license suspended, your assets seized or be thrown in jail.
Once we intervene on your behalf, we can work with the court to establish a payment schedule that avoids jail and intrusive actions on the part of the CCSSD. In certain cases, we can negotiate a new payment schedule that avoids the need to garnish wages or seize assets. Additionally, we ask that the court not suspend your license or take action that interferes with your ability to work and earn a wage.