In certain family law cases, the need to modify an existing court order may arise due to changed circumstances related to child custody, visitation, child support, or alimony. To modify a final order, a new action must be filed, usually in the same court that entered the original order. The case proceeds under the Alabama Rules of Civil Procedure in the same manner as an original divorce case, with parties entitled to conduct discovery prior to a trial. Circumstances that may warrant modification include a change in income, unexpected health concerns, suspected child abuse or neglect, or any other material change in circumstances since the entry of the final order. 

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When parents are able to work together in reaching agreements to modify custody, parenting time, and child support orders, a settlement agreement can be filed with the court, and as long as it promotes the best interests of the children involved, the agreement will usually be adopted as a legally enforceable modification order. The Davis Family Law team has successfully negotiated and filed numerous modification agreements and can provide you with guidance and representation in the event your former spouse does not agree with your proposed arrangement. 

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Similar to a modification action, a contempt motion can be filed after the entry of a legally enforceable court order that delineates the rights and responsibilities of the parties to the case. Perhaps the most common form of contempt action is the child enforcement case, where the receiving party needs to enforce a child support order due to non-payment. In other cases, a parent may need to employ the legal system to hold the other parent responsible for violating the terms of a custody or visitation order. 

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If you have a post-judgment issue and need to modify or enforce an existing court order, or you need to defend a case filed against you, contact us to request a consultation today. 

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