Modification & Enforcement of Orders
Once a Judge has entered a Final Order, whether it be a Final Judgment of Dissolution of Marriage, Modification of Child Support regarding a child support order, including custody modification, or otherwise, the parties must obey the Order. If a party wishes to modify the Order, he or she must show that there have been a substantial change in circumstances since the entry of the original Order. If the Order sought to be modified involves children, the moving party will also have to show that the change is in the child’s best interest.
With regard to alimony and spousal support, if the party paying the support (obligor) has a diminished ability through no fault of his or her own and the change is “substantial”, then that party may seek a downward modification and/or termination of the obligation.
On the other hand, if the receiving party (obligee) has an increased need for more support, then he or she may seek an upward modification. As with child support, alimony is also enforceable via the Court’s contempt powers.
Regarding enforcement, if a parent does not comply with the Court Order, he or she may be held in contempt of Court.