Maintenance Enforcement & Modification Attorney Nassau County

Welcome to The Law Office of Robert H. Montefusco, P.C.

Suffolk County Matrimonial Lawyer   Suffolk County Family Lawyer

Enforcement and Modification Attorneys

Suffolk & Nassau County, NY Family Law Firm

The Family Law attorneys at the Law Office of Robert H. Montefusco, P.C. have substantial experience assisting clients in the enforcement of court orders when a parent or former spouse is not meeting his or her custody or support obligations, as well as the modification of child custody and support orders.

Enforcement

Once a court establishes a custody, child support, or spousal maintenance order, only a court-approved modification can relieve an individual’s obligation to carry out the order. An individual can be held in civil contempt of court if he or she violates a court order. If your former spouse violated a post-divorce court order, the Law Office of Robert H. Montefusco, P.C. can help. The experienced attorneys at the Law Office of Robert H. Montefusco, P.C. know how to prove that your former spouse specifically chooses not to comply with a court order. Should your ex-spouse fail to execute their court-ordered obligation, there are a number of sanctions that the court may impose on the individual, including:

  • Fine
  • Imprisonment
  • Property execution
  • Income execution
  • Unemployment insurance intercept
  • Income tax refund offset
  • Credit bureau submissions
  • Order of the assignment of wages
  • Driver's license suspension or passport denial
  • Filing a lien
  • Requiring the defaulting party to furnish a surety
  • Sequestration and sale of assets and penalties for contempt, including jail

Modification

Under the law, a court can modify maintenance provisions of a divorce decree upon showing the recipient’s inability to remain self-supporting, or a substantial change in circumstances, including financial hardships. Similarly, a court can modify child support provisions upon showing a significant change in circumstances, the passage of three years since the date of the order of support or an increase or decrease of 15% or greater of either parent’s income since the date of the order. Contact the Law Office of Robert H. Montefusco, P.C. for assistance with modifying or enforcing a custody, child support, or spousal maintenance order.