Buffalo Post-Divorce Disputes Enforcement Attorney

New York law firm resolves complex legal problems between former spouses

Divorce ends a marriage but it doesn’t always mean an end to legal problems. Sometimes individuals who are unhappy with divorce terms may not comply with them. If this happens to you, you can turn to the Law Offices of Randy S. Margulis for skillful enforcement guidance. Our attorneys effectively resolve financial and parenting disputes that arise following a divorce. We serve residents of Buffalo and the entire Western New York region. 

Noncompliance with divorce decree terms

Some of the most common areas of noncompliance following divorce are:

• Nonpayment or late payment of child support or spousal maintenance
• Violations of parenting time orders, such as a parent not showing up for their scheduled visitation or the other parent not allowing it
• Failing to comply with decision-making provisions for children 

Disputes over ongoing obligations in the original judgement may require taking enforcement action. We will counsel you about methods for helping bring about future compliance with orders. 

Enforcement of child custody/visitation, child support and maintenance orders

Various legal remedies may be available depending on the violation involved. If a party fails to pay child support, the court may order wage garnishment, asset seizure or suspension of a professional license. If visitation rights are violated, the court may order make-up parenting time or supervised visitation.

Violators can be held in contempt of court and be fined, made to pay attorneys’ fees and even jailed if they continue to violate orders. Sometimes the court will modify orders to better fit the existing circumstances. If you need assistance with enforcing or modifying an order, our knowledgeable disputes enforcement attorneys can guide you through the procedural steps. 

Modifications to divorce orders 

Sometimes parties are unable to meet the terms of child custody/visitation, child support or spousal maintenance orders because of changes in their life. If that is the case, modifying the order may be possible. New York law requires showing the court that there has been a substantial change in circumstances, such as job loss, major illness or parental relocation. Terms related to property division are typically not modifiable post-divorce. We will guide you through the steps from start to finish when modifying an order is the most appropriate resolution for your situation. 

Navigating the disputes and enforcement process 

Sometimes disputes and violations can be resolved prior to asking the court for enforcement. Depending on your relationship with your former spouse, speaking with them about the issue or having your attorney contact them or attempting mediation could lead to resolution. If there are safety concerns, substance abuse or mental health issues or too much antagonism for these methods to be a possibility, filing an enforcement petition with the court may be your only option. 

To file for enforcement, gather all evidence you have that about the order violation. This could include financial documents, personal logs about custody/visitation violations and witness statements. As attorneys highly experienced in resolving post-divorce disputes, we will assist you in identifying and presenting the strongest evidence to build your case and will represent you at the hearing before the judge. We also assist individuals in defending against enforcement actions. 

Contact our Western New York law firm for help with post-divorce legal disputes 

The Law Offices of Randy S. Margulis in Buffalo, New York represents clients in post-divorce disputes and enforcement actions. To schedule a consultation, call 716-886-9600 or contact us online.