Post-Divorce: We Adapt To Your Needs And Enforce Your Rights
When your divorce is over, you probably hope to go a long period of time without needing an attorney. We hope that happens too; however, it is unfortunately unlikely if there are dependent children involved or orders for support in place.
Oftentimes people expect that when the divorce is over, they will never need to go back to court. However, many cases, especially those involving children, will end up back in court. The younger the child(ren), the more likely that you will need a modification. At the Law Offices of Sheara F. Friend, we develop lasting relationships with our clients. We aim to be there for you if you find yourself needing to file or defend against a complaint for modification or complaint for contempt after your divorce. You never need to start over with someone new.
What Are Post-Judgment Complaints For Modification?
When there is a material change in circumstance for either party relating to finances or the custody or parenting schedule, it may be necessary to file a complaint for modification. Modification complaints center on existing child custody, parenting time and/or support agreements and orders of spousal support. Some of the most common reasons for a modification request include:
- A substantial increase or decrease in the income of either or both parties
- Changes by the courts to the child support guideline calculations
- A former spouse is injured or sick and likely to remain unemployed for a period of time
- A child develops a special need that is not sufficiently addressed by the existing support order
- Changing the custodial arrangement and/or parenting schedule as children get older to meet their developmental needs, or one parent moves or has a new work schedule
We have represented many clients in Complaints for Modification, both as the plaintiff or defendant.
What Are Complaints For Contempt?
A contempt complaint is necessary when you need the court to enforce an existing order that your former spouse or the parent of your child isn’t abiding by. Some of the most common reasons for a contempt complaint include:
- The failure of a parent to follow parenting schedules pursuant to court order
- The failure of a parent to follow shared legal custody pursuant to court order
- The failure of a parent to timely pay child support pursuant to court order
- The failure of an ex-spouse to pay spousal support (alimony) pursuant to court order
- The failure of an ex-spouse to observe the property division and/or payment of debts pursuant to court order
The purpose of a contempt complaint is to get the other party to do what he or she is obligated to do. We help you present clear and convincing evidence to the court that an order has not been followed and request corrective action.
Occasionally, a court issues a judgment that is undeniably flawed. There are options for recourse, but the rules and timelines are very specific and strict. It is not recommended to attempt an appeal without legal representation. The common grounds for appealing a judgment include:
We have written briefs both as the appellant and the appellee and presented oral arguments to the appeals court with success.
- Abuse of discretion
- A misapplication of law
- A unique legal issue without precedent
We Know How To Help
With over 60 years of combined experience in family law, we know how to handle it all. Please call us at 978-464-1071 for a consultation. We serve clients in Middlesex, Norfolk, Essex, Suffolk, Plymouth, Worcester, Bristol and Barnstable counties.