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 brought in NYS Supreme Court. In cases of financial non-compliance, hopefully, the initiation of that proceeding results in payment of the outstanding obligation. If it does not, we can assist in obtaining income executions or wage garnishments, in addition to money judgments which may be filed to collect interest at the current statutory rate of nine percent. A filed money judgment also allows 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 apply either in Family or Supreme Court depending on the situation, which is based upon a change in circumstances of a significant level which then warrants the modification. Our attorneys regularly assist clients both in terms of seeking and obtaining these modifications, as well as defending against them.