When a court order is issued in family court, you can change that order or enforce it by filing a motion. Motions are when an individual requests a court to issue a court order for the relief they seek. You can modify a court order for: parenting time, child support, alimony, college expenses, college contribution, child custody and on and on.
1. What are you looking to change in the Court Order?
When an individual applies for a modification of a court order, you must be specific as to what needs to be changed and you have to prove it. The burden of proof is on the person bringing the motion.
2. The Confidential Litigant Sheet
In order to proceed with a famil court application, a Confidential Litigant Sheet is needed to proceed. The sheet will not be shared with the other party in the case.
3. If there is a financial issue to be addressed, there is a Case Information Sheet or a Financial Summary Sheet which outlines your financial snapshot.
If parenting time or child custody is an issue, the Judge could refer you to parenting time/custody mediation at the Courthouse.
5. Child Support Arrears
If you have child support arrears, they will not be erased very easily if at all. The only way the arrears will go down at all if if you file a motion, which would make the child support arrears or reduction to go back to the date of filing.
6. Best Interests of a Child
If you are seeking a change in custody or parenting time, the key issue is the best interests of the child. Why would a change in custody be in the best interest of the child? Is the child missing school? Is the child's health at risk? Is there mental or physical abuse? Is there domestic violence in the home where the child lives? Does your child want to live with you and is of age to make a decision without pressure from one parent? Have you moved closer to the child and seek more time with that child?
Again, in order to prevail on relocating with your chld, it must be in the best interests of the child. 1-2 years ago, it was much easier to relocate than it is today. Both parents' time is very important to the child, to the Court. The Court does not want to break up families and wants there to be consistency in the child's life. You must be able to show the court:
8. Enforcing a court order?
If a court order is not being honored, a person can bring a family court motion to enforce litigants rights. You must attach (best to attach the exact order or orders). From there you need to specify what aspect of the order is not being followed.
So the above is a brief overview of modifying court order and enforcing court orders. If you seek to modify or enforce a court order, you can call our team on 973-337-9643 to discuss your case in full confidence.