The circumstances regarding income go to the child support and spousal maintenance payments. Those payments are structured based on the right of a child to share in the lifestyle of their parents, or a spouse being able to continue living in the manner they were accustomed to in the marriage. As a part of that, both children and spouses share – for better and for worse – in the ups and downs of income. It could be a job loss or promotion. It could be the success of a business venture or the filing for bankruptcy. Whether the circumstances are good or bad, they impact everyone.
A parent becoming abusive towards children is a tragic situation and can be cited as a reason for the other parent to have full custody, perhaps with the denial of visitation rights, depending on how extreme the situation has gotten. The parent seeking full custody will have the burden of proof.
Other situations can merit a settlement modification. It’s not uncommon in our age for ex-spouses to meet a significant other online and in a different part of the country. They may wish to relocate. Courts can accommodate this, although it may take the agreement of the other spouse, particularly when children are involved.
What must be emphasized is that spouses must have court approval before going forward with any change in the terms of their agreement. We know there are a lot of fortunate situations where ex-spouses can be cordial with each other and may agree on their own for needed changes. The spouse who lost their job may find their ex sympathetic to the new situation. Or, a parent who has seen their business take off may welcome the chance to share newfound prosperity with their children. This is all to the good, but before making any changes, spouses should go through the legal process of having the agreement formally modified. It’s the best way to protect against future misunderstandings or disagreements.
Enforcement of a Divorce Settlement
A divorce settlement is a binding contract, and adherence to its terms is not optional. A spouse who is not getting payments for spousal maintenance or child support has legal recourse available. The same goes for a non-custodial parent being denied visitation rights.
The failure to make required payments can be dealt with through garnishment of wages, the interception of tax refunds, and even the seizure of bank accounts when necessary. Consequences can include everything from fines to loss of licenses, both driving and professional, and even jail time.
One thing a spouse cannot do, under any circumstances, is use visitation as a tool to get needed payments. We understand the very legitimate frustration of people in this situation. However, custody and support payments are two separate issues and are treated as such by the legal system. A parent who withholds custody can find themselves facing serious consequences. That includes, in extreme cases, the possibility of jail time for up to a full year.
It’s important to work within the system. The modifications and enforcement lawyers in our Long Island office understand your rights and the process, and they can be counted on to diligently work toward a fair outcome.
Call (516) 212-9211 today to schedule a consultation.
