Enforcement/Modification of Agreements and Court Orders
Our attorneys regularly assist clients in enforcing agreements or more commonly court orders in the unfortunate event that the other party has been non-compliant. This involves either an enforcement or violation petition being filed in Family Court, a post-divorce motion or a breach of contract action being brought in Supreme Court. In cases of financial non-compliance, hopefully the initiation of that proceeding results in payment of the outstanding obligation. In the event that it does not, we can assist in obtaining income executions or wage garnishments, in addition to money judgments which may be filed in order to collect interest at the current statutory rate of nine percent. Having a filed money judgment also allows for other collection avenues such as bank restraints.
Especially with matters that pertain to children, either in terms of custody and visitation issues or support issues, there is a potential for modification. The person needing to make a change needs to file an application either in Family or Supreme Court depending upon the situation which is based upon a change in circumstances of a significant level which then warrants the modification. There are different standards involved depending upon the circumstances and the relief sought by the party. Our attorneys regularly assist with clients both in terms of seeking and obtaining these modifications, as well as defending against them.