Enforcing or Modifying Judgements
How do I enforce my Judgment of Paternity, Dissolution, Legal Separation, or Nullity? What if I need to modify my Judgment?
How do I enforce the Judgment?
According to the Family Code, a judgment or order made or entered into under the Family Code, may be enforced once it has been signed by the Judge. The Judgment may be enforced through a contempt action. Further, courts are given broad discretion when deciding how to enforce a Judgment.
Which orders may be modified?
You may modify child custody, visitation, child support, and spousal support. If the parties are unable to agree to a modification, the party asking for the modification, generally, must demonstrate to the Court that there has been a substantial change in circumstances, which would cause the need for a modification.
Judgments, generally, but not commonly, may be modified, regarding issues other than custody and support, through an agreement between the parties.
How may I change our custody orders?
If custody was established through an agreement or order and one parent wants to change that order, they may modify their current custody arrangement by stipulation or agreement. If the parties are unable to agree to a modification, then the parent requesting the modification may seek court involvement to modify the current orders. If the Court becomes involved, the parent requesting the modification must show a substantial change in circumstances, which would necessitate a change in custody.
How may I modify support orders?
If the parties are able to agree to a modification of support, then the modification may be accomplished by a written stipulation. However, if the parties are not able to agree, they must have the Court determine whether support may be modified.
What if I need to move away?
A party may always move away. If you are the custodial parent and need to move away, the question is whether the child(ren) may move with you. If you are the non-custodial parent and need to move away, you may want to modify the custody arrangement.