i-modificationenforcementordersChange Warrants Modification — Failure to Comply Warrants Enforcement

When life changes, a modification of court orders may be needed. Changes in the economy, job loss, new babies, relocation – any of these major life changes can place a great deal of stress on a family or a parent. If any of these factors cause financial stress, it may be necessary to consider a modification of a support order. If any of these factors are wreaking havoc on a previous spouse, it may be necessary to request enforcement of a support order.

Mr. Scoresby is a knowledgeable attorney with over 22 years of practice devoted to the area of family law. He and his office staff in North Scottsdale have assisted many clients through modification and enforcement cases and would be happy to guide you as well. Contact our North Scottsdale office to schedule a consultation today.

Reasons for Modification

Unless they are Peter Pan, all children grow up. They are constantly evolving, changing, growing and developing. And unfortunately, it costs money to raise growing children. As a result, orders related to legal-decision making, parenting time and child support are always modifiable after they have been issued by the family court.

A parenting plan that once worked for a very young child may now not be workable for an elementary school or pre-teen child. As a child gets older it may be appropriate to amend or modify the parenting time plan. If this was not contemplated in the original parenting plan, it can certainly be modified later. If mom’s or dad’s schedules change due to work or relocation, or if substance abuse or domestic violence issues become an issue, it may also be appropriate to modify a parenting plan.

Child support can be modified due to a significant change in circumstances affecting the factors in the Arizona Child Support Guidelines formula. These factors include the parents’ incomes, cost of child care, cost of medical insurance, and parenting time. If the factors result in a significant change in support, a request for modification of support is warranted. Some examples would be if a parent loses a job or gets a substantial raise, if a parent has a new baby, or if one child covered by an order reaches the age of majority and is no longer in need of support. These factors would necessitate a recalculation of support and a new support order.

Many individuals are intimidated by the legal process, or feel that if they have gone through it once, they know enough to handle a modification on their own. They may be tempted to handle the modification on their own. Agreements that are not approved by the court and are not court ordered are not binding and cannot be enforced. If you enter into an agreement lowering child support that has not been approved by the court, be aware that the previous court order is still in effect absent a new binding court order!

North Scottsdale support modification lawyer Kyle Scoresby can assist you and advise you regarding your rights and ensure that your modification or enforcement is handled correctly and appropriately. Contact the office today for a consultation.

Eligibility for Enforcement

If a parent or ex-spouse is not complying with court orders, a motion for enforcement can be filed. This type of motion notifies the court of the other party’s failure to comply with the court’s orders and requests the court’s assistance in obtaining compliance. Documentation of the failure to comply is needed as well as attempts to obtain compliance.

Child support enforcement in particular is an area the courts take very seriously. There is a special division of the court, known as Accountability Court, which is a special court specifically for the purpose of assisting with the process of overdue and unpaid child support.

Scottsdale support enforcement lawyer Kyle Scoresby has extensive experience in the area of enforcement actions and has been able to assist numerous clients to navigate the system and gain favorable results in obtaining unpaid and overdue support or compliance with court orders.

Contact the Office for an Appointment Today

Contact the North Scottsdale office today to discuss your modification or enforcement issues with a knowledgeable, aggressive and experienced attorney who will fight to meet your goals.