Brooklyn Post-Judgment Enforcement Modification
Tough Court Advocacy & Smart Settlement Negotiations
From the moment both parties sign a divorce settlement agreement or the
court issues a final divorce decree, the parties are legally bound. Still,
parties often try to renege on agreements or act in defiance of the court's
order. Since 1997, Coffinas & Lusthaus, P.C. has helped parties enforce
settlement agreements and court orders when ex-spouses refuse to:
Having to go back to court to re-settle some of the toughest aspects of
your divorce is never fun. But with Coffinas & Lusthaus, P.C., you
can be confident in our ability to prove and remedy the violation. Contact our
Brooklyn divorce lawyers today for legal help.
How do I enforce an order of child or spousal support?
If your ex does not make support payments in keeping with the court order,
you may file a violation petition with the court. The court holds a hearing
to determine if a violation actually occurred and then takes steps to
remedy the situation, including:
- Ordering the Support Collection Unit (SCU) to garnish the payor's wages
- Ordering the payor to pay a lump sum or make regular payments over time
to bring the amount owed to current status
- Suspending the payor's driver's license or professional / business license
- Incarcerating a payor who has the ability to pay but has willfully refused
We have extensive experience in enforcement actions, including a case where
the court had awarded the wife (our client) $2.7 million in assets, counsel
fees, and appellate counsel fees, which the husband refused to pay. This
is one example of a case where we had an opposing party jailed for failing
to perform according to the court order.
Requesting & Opposing Modifications to Child Support Orders
At some point, it may be necessary to change the amount of child support
you're paying or receiving. Presently, New York law allows for regular
re-evaluations every three years and when either party has experienced
a 15% change of income. The court also entertains motions to modify an
existing child support order when there has been a substantial change
in circumstances, such as an unanticipated increase in costs related to
the child's health and welfare, medical bills, private school tuition,
tutoring fees, and expenses related to enrichment activities or an unanticipated
loss of employment or drop in income.
Coffinas & Lusthaus, P.C. provides thorough filings and tough court
advocacy on behalf of clients seeking or opposing modifications to child
support. We strongly recommend that, even if you negotiated the original
amount with your ex, you not attempt to negotiate an informal modification.
Once the judge approved your original settlement, it became a court order
with the force of the law behind it. You can't just decide between
yourselves to adjust the amount. You must return to court for a new order.
We can help you negotiate a favorable agreement that protects your children's
Our family law lawyers enforce court orders in Brooklyn!
Coffinas & Lusthaus, P.C. handles enforcement orders for clients throughout
the five boroughs, Westchester and Nassau. If you need quick, decisive
action to secure support payments, contact our firm's
Brooklyn family law attorneys. Don’t hesitate to take legal action.
Contact our team at (718) 717-1005 today.