Modification and Enforcement

Modification.

 

We can help you modify or enforce an existing judgment, whether it has to do with custody, parenting time, child support or spousal support. 

 

Modification of Custody and Parenting Time.

 

To modify a judgment with regard to child custody it is necessary to first show that there has been a substantial change of circumstances that has occurred since the time of the last judgment that effects the best interests of the children.  This requirement prevents one parent from repeatedly taking the other parent back to court when they don't get the result they wanted the first time.  If you only requesting a modification of a parenting plan it is not necessary to prove a change in circumstances.

 

Some factors that may justify a modification of custody and parenting time include:

 

Abuse, criminal behavior or gross moral misconduct by the custodial parent.

 

Neglect by the custodial parent or failure to provide for the needs of  the child.

 

The custodial parent has voluntarily allowed the child to reside -  primarily with the non-custodial parent.

 

Instability of the custodial parent.

 

Improvement in the non-custodial parent's situation such as   remarriage, obtaining employment, better housing or recovery from a debilitating condition.

 

A move by the custodial parent.

 

Failure to pay child support by the obligor is generally not grounds for the custodial parent to interfere or stop the obligor's parenting time.

 

Modification of Child Support.

 

Similarly, with regard to modifying child support, it is necessary to show that there has been a substantial change in the economic circumstances of the parties. When we talk about support we refer to the "obligor" and the "obligee." The obligor is the party that pays the support and the obligee is the party that gets the support.  Some factors that may justify a change in child support include:

 

Increase or decrease in the obligor's income.

 

Voluntary reduction in the obligor's income, i.e. the obligor quits his job or reduces his hours.

 

Increase or decrease in the obligee's income.

 

Change in the childrens' needs, such as extraordinary medical expenses, or new costs related to school and activites.

 

Income from a new spouse or domestic partner of either party.

 

Birth of another child to either parent.

 

 Increase or decrease of child care costs.

 

Increase or decrease of health insurance premiums.

 

Modification of Spousal Support

 

The determination as to whether spousal support should be modified is similar to the determination used for child support modification.  The court must decide if there has been a substantial change in economic circumstances but also whether that change was unanticipated or uncontemplated at the time of the original judgment.  Factors that may justify a change in spousal support include:

 

The obligee spouse has remarried or is cohabitating.

 

Change in the obligor spouse's income or resources.

 

Financial hardship of either party.

 

For more information on modification read the relevant code section:

ORS 107.135.

 

Enforcement.

 

Is the other parent preventing you from having your court-ordered parenting time? Not paying court-ordered child or spousal support? Or worst of all, has the other parent kidnapped your child in violation of a custody judgment?  Whatever the issue is we can can help you get your judgment enforced. 

 

Enforcement of a Custody Judgment.

 

About the worst thing that can happen in a custody case is when one parent takes a child in violation of a custody order and does not let the child return to the custodial parent or disappears or leaves the state with the child.  We have experience dealing with this situation and can help you get your children back.  In some circumstances this conduct may amount to a crime such as kidnapping or custodial intereference. Other times you may need to go to court to get an order directing law enforcment to assist you in regaining physical custody of your child. 

 

Out-of-State Orders

 

If you reside outside of Oregon and the other parent has left your state and come to Oregon with the children, we can have the judgment from your state registered and enforced in Oregon.  If you do not know the other parent's whereabouts we can have our investigator track them down. Once we have located the other parent and the child we can obtain an order from the court that directs law enforcement to physically retrieve the child.

 

The Other Parent has Left the State with the Child

 

If you reside in Oregon but the other parent has taken your child and left the state in violation of custody judgment we can help you get your child returned to Oregon. We can coordinate with an attorney from the other state to get your Oregon judgment registered and enforced.

 

Enforcement of a Parenting-Time Order

 

Is the other parent disregarding your parenting time order and dictating when you can and can't see your child? We can file a motion to hold the other parent in contempt and request sanctions and attorney fees. 

 

It is important to remember that non payment of child support is not grounds to interfere with a parent's parenting time.  Meaning that just because the non-custodial parent has stopped paying child support, the custodial parent cannot decide to stop parenting time until payment of supprt resumes.