Modifications & Violations
After your case if finalized in Family Court or Supreme Court an order will be issued by a Judge, Referee or Support Magistrate. The Order is in effect and must be followed by the parties. These orders remain in effect until someone returns to court to change that order.
A variety of orders may require a party to file a modification petition. They can include:
Child Support orders
Final Order of Protection Order
While it is always the intention for the court to issue an order that will last to help the parties navigate their future, an event may happen that requires a party to file a petition and ask that an order be modified. A modification of an order requires a party to show a change in circumstances for the court to consider that request. Simply changing your mind about your decision or the passage of time may not be enough to demonstrate an order needs to be modified. However, until the petition for modification is decided, that order will remain in effect. For example, if you are paying a child support order and you have an event in your life that suggests that you need to modify that order, the amount you pay will not change. You must come to court, file a petition to modify, and request the court modify the order.
Unfortunately, when one or more of the parties subject to a court order fails to follow some or all provisions of an order, it may be necessary to file a violation or enforcement petition. When this happens a parties remedy is to return to court, file a violation petition and ask for the court to enforce the order that is being violated. If the court finds that you have willfully failed to follow a court order, you could be held in contempt of court. Once the court determines that you are held in contempt, the court can require you to pay a fine or in extreme cases incarcerate you for up to 6 months.
Call To Speak With A Bronx Lawyer About Your Modification or Violation
Whether you believe you need an order to be modified or a party is violating an existing order an attorney from our office is experienced to identify if you have a legal basis for that application. Each case should receive an evaluation specific to your facts. If you need more information about modifying court orders, contact us at (718) 293-1542 to schedule an initial consultation.