When legal arrangements are not followed by one party, the other party has the right to seek an enforcement action to ensure that what was mandated by the courts is carried out. Likewise, both parties may find that there is reason to modify a pre-determined agreement for one reason or another. The guidance of an attorney when modifying or enforcing a legally-binding agreement is important for protecting the interests of the petitioning party, and if applicable, the child(ren) involved.
Common situations which call for enforcement actions or modifications include:
- Child custody. Child custody arrangements are extremely important for both parents to abide by, for failing to do so can be harmful to the child(ren). If a parent refuses visitation, the other may need to seek out enforcement action to protect the rights of him/herself and the child(ren). Child custody arrangements may also need to be modified throughout the child’s life; for instance, if one parent moves to another state. An attorney can assist in carrying out this process effectively.
- Child support. If child support is not delivered to the appropriate party, an enforcement action can aid in making sure the agreement is adhered to. In cases where the child support arrangements need to be amended, such as when one parent has a change in salary, a family law lawyer can seek out a modification to the previously set agreement.
- Divorce. If there were arrangements set forth in divorce proceedings which required one party to carry out an action post-divorce, failing to do so would justify an enforcement action from the other party. This could include anything from agreeing to split the proceeds from the sale of shared property to harassment.
Without the right legal guidance, ensuring the other party adheres to the orders set forth by the court can be near to impossible. In any of these instances, an experienced Miami family law attorney can assist in successfully petitioning the court for an enforcement action or modification.