An application for enforcement can be filed to address non-compliance with an existing court order.  For example, the custodial parent who is entitled to receive child support can seek to collect monies owed in the event of nonpayment.  The judicial remedies include income garnishment, money judgment, sanctions, driver’s license suspension, and/or incarceration to obtain compliance.

Other violations, such as failure to transfer property, pay spousal maintenance or provide distributive awards can also be enforced against a noncompliant party.  The court is empowered to award attorney fees in such matters.

An enforcement proceeding can also be brought in matters of custody and visitation.  For example, if a parent fails to return a child as directed by court order, violates parental rights, scheduling, or otherwise interferes.

Formerly married parties can seek a modification of their agreement and judgment of divorce.  Parties in a Family Court matter can similarly request that an order be modified.  Such an application must demonstrate a change in circumstances.  

As time goes by, either party may seek a change in custody, visitation, support or other terms as may be necessary.  The parties should at times accommodate each other on issues such as the parenting schedule upon mutual consent as unforeseen situations may arise.  However, a court order can only be modified by a new court order.

For example, a significant change in financial circumstances, such as needs of the child, ongoing unemployment or disability may result in a change to the child support obligation.  Other events, including relocation, remarriage, substance abuse, or unsafe environment may result in a change in custody or visitation.

Even with an existing order, the custodial parent will likely require permission to move a significant distance with the child.  

Parents who seek relocation are often confronted with unemployment, a stagnant job market or high cost of living.  Other times, there are better economic or educational opportunities elsewhere.  Perhaps the parent may need to live with a family member in a different part of the country.

Meanwhile, the noncustodial parent may be opposed to the proposed move, as it would adversely affect their parental rights, parenting time or visitation.

The court will consider a variety of factors when considering an application for relocation, including the best interests of the child.

Contact Experienced Long Island Enforcement & Modification Lawyer Philip A. Kusnetz, Esq., serving Garden City, Great Neck, Manhasset, Port Washington, Roslyn, Syosset and more (516) 368-2484.