Best Modifying and Enforcing Court Orders Attorney in Albuquerque

Modifying and enforcing a court order in Albuquerque New Mexico

EXPERIENCED ATTORNEY FOR MODIFYING OR ENFORCING COURT ORDERS IN ALBUQUERQUE, NEW MEXICO

Looking for information on modifying or enforcing court orders in Albuquerque?  Is you ex failing to follow a court order in New Mexico?  Do you want information on modifying a custody or support order?

Some divorce or custody orders can be modified based on a substantial change in circumstances. The following orders can be modified based on major changes:

 

  • Alimony (unless non-modifiable);
  • Custody;
  • Time-sharing; or
  • Child support.

NEW MEXICO COURT ORDERS CAN BE CHANGED BASED ON A MAJOR CHANGE IN CIRCUMSTANCES

 

Circumstances change over time, and what was appropriate at the time of divorce, or separation, may no longer be adequate. As time passes, the alimony that one receives might be inadequate, the ongoing timesharing and visitation schedule may need adjustment, or child support may need to be modified based on a change in income, or timesharing.

If an existing order is no longer appropriate and needs to be modified based on a material and significant change in circumstances, then call Matthew Legan Sanchez at (505) SANCHEZ.

Do you believe that an existing court order should be modified based on a significant change in circumstances?

  • Is the custody and visitation schedule outlined in your Parenting Plan no longer appropriate?
  • Has your income increased or decreased significantly and you believe that child support should be modified?

Call (505) SANCHEZ if you answered yes to any of these questions.

COMMON CHANGES THAT CAN LEAD TO MODIFYING A COURT ORDER

  • Change in pay status or career;
  • Job relocation;
  • Change in marital status;
  • Age of the child or children;
  • Significant events that have adversely affected your children; 
  • Enforcing the Terms of Your Divorce, Parenting Plan, Child Support Order.

In addition to modifying a court order, instances occur when one needs to enforce a court order, due to the other parent’s refusal to follow the court’s explicit orders. At times a parent may deny your visitation rights, change the “status quo” without your approval, or act in any number of ways that violate the Parenting Plan, or timesharing agreement. Other times, a parent may fail to follow the clear terms of the Marital Settlement Agreement, fail to pay alimony, child support, or any other number of clear court orders.

At times like this, you need the court to enforce your original order. You need an experienced family law attorney that can guide you through the process of enforcing the court order that your ex refuses to follow.

Judges take violation of court orders seriously, especially when children are involved with the violation. If your ex refuses to follow an existing court order, get the help that you need from an experienced family law attorney. Call Matthew Legan Sanchez at (505) SANCHEZ.

FAQs FOR MODIFYING OR ENFORCING COURT ORDERS IN ALBUQUERQUE, NEW MEXICO

HOW DO I MODIFY CHILD SUPPORT OR CUSTODY/TIMESHARING ORDERS IN NEW MEXICO?

Child support or custody/timesharing can be modified in New Mexico by filing a Motion to Modify. The Motion to Modify must demonstrate that a substantial and material change in circumstances has taken place since the existing order was entered.

WHEN CAN I MODIFY MY CHILD SUPPORT OBLIGATION IN NEW MEXICO?

Child support in New Mexico can be modified based on a material change in circumstances. A material change in circumstance is present if a change in the child support factors results in either an increase or decrease of 20% or more to your monthly support obligation. If your monthly support obligation does not increase or decrease by 20%, then your child support will remain the same. In other words, a monthly child support obligation of $500 would need to increase or decrease by a minimum of $100, based on all of the factors, to demonstrate the necessary material change in circumstances. Also, the motion to modify must be filed more than one year after the existing order was entered.

IS CHILD SUPPORT AUTOMATICALLY MODIFIED ONCE A CHANGE IN CIRCUMSTANCES INCREASES/DECREASES MY MONTHLY OBLIGATION BY 20% OR MORE?

No. Child support will only be modified back to the date that the necessary Motion to Modify Child Support is filed. In other words, child support will not be modified until a motion is filed and the court orders the modification to take place, based on the requisite 20% change.

WHEN CAN I MODIFY CUSTODY OR TIMESHARING IN NEW MEXICO?

Custody or timesharing can be modified when a substantial and material change in circumstances has occurred, since the entry of the last order, such that continuing the current order is not in the child’s best interests. Examples of “substantial and material changes in circumstances,” may include:

  • Substantial passage of time since the last order was entered;
  • Parent relocation;
  • Disability or illness directly affecting the parent’s ability to care for the child;
  • Substantial change in parental work schedules;
  • Abuse, neglect, mental health issues, or substance abuse;
  • Change in the child’s school;
  • Developmental changes; or
  • A major change that affects the child’s best interests.

The parent requesting the change has the burden to show that the prior arrangement is no longer in the child’s best interests.

CAN I MODIFY MY CUSTODY OR CHILD SUPPORT ORDER WITHOUT APPEARING BEFORE A JUDGE?

Yes. Child support or custody orders can be modified when all of the involved parties agree to a Stipulated Order. The Stipulated Order clearly outlines the terms of the new agreement. The Stipulated Order becomes an enforceable Order once the assigned judge reviews and signs the Order.

All court orders that either establish or modify child support must include a completed child support worksheet. See NMSA § 40-4-11.6. The completed worksheet must be attached to the updated order and signed by the parties, or their attorneys.

HOW DO I ENFORCE A COURT ORDER IN NEW MEXICO?

A New Mexico court order can be enforced by filing a Motion to Enforce. The following situations may require a Motion to Enforce:

  • Parent fails to provide court ordered child support;
  • Parent fails to follow any term of the Parenting Plan;
  • Ex-spouse refuses to provide court ordered alimony/spousal support;
  • Ex-spouse refuses to make an equalization payment on time;
  • Ex-spouse fails to refinance the home or remove one’s name from an existing debt;
  • Party fails to follow any term of the Marital Settlement Agreement, Parenting Plan, or court order.
WHAT SHOULD I DO IF MY EX REFUSES TO FOLLOW A COURT ORDER IN NEW MEXICO?

Contact your ex by email/text and set a clear deadline to follow the court order. Alternatively, contact (505) SANCHEZ to speak about your unique legal situation.

LOOKING TO ENFORCE A COURT ORDER IN ALBUQUERQUE? 

 

Is your ex failing to follow a New Mexico family court order?  You have the option of seeking to enforce the court order.  You must be able to prove that your ex has failed to comply with the terms of the divorce decree or court order.  NM courts consider the following situations:

  • Failure to pay child support
  • Failure to pay spousal support/alimony
  • Failure to sell or refinance a home or asset
  • Failure to pay debts as ordered
  • Failure to make personal property available
  • Failure to comply with any divorce order

Matthew Legan Sanchez is a NM divorce attorney that helps clients with difficult and ongoing family law enforcement issues.  Sanchez represents clients on both ends of enforcement issues.  Sanchez pursues appropriate legal action to collect and enforce past-due payments.  Sanchez also defends against frivolous claims and cases.

NEW MEXICO DIVORCE DECREE ENFORCEMENT LAWYER 

 

Is your ex failing to do what they were ordered to do in your divorce order?  If so, you can ask the court to enforce the court order when a violation occurs.  Divorced and separated parties seek enforcement actions for many reasons, including:

Almost every parent wants to protect their child and the time that they share together.  There are steps that you can take when a co-parent interferes with your time-sharing or custody.  Possibly your ex is denying you access to your child, or refuses to follow the court ordered visitation agreement for regular time-sharing, holidays, or vacations.

Are you experiencing child custody challenges in Albuquerque?  Sanchez is a skilled and experienced child custody attorney in NM that can help you enforce your visitation order.

WHY DIVORCE DECREES AND CUSTODY ORDERS MAY NEED TO BE CHANGED

 

Most family law matters are not forever written in stone and can be changed.  Facts can change and some family law orders need to be changed after an order is entered.  After a divorce or custody case is finalized, major changes can cause one of both of the parties to request a modification of the divorce or custody order.  Alimony, child custody, visitation, and child support are based on a number of factors that can change over time.  The following factors can change over time:

  • Job or income level
  • Disability
  • Remarriage
  • Loss of health insurance
  • Change in time-sharing
  • Issues within each parent’s home
  • Proof that the child custody or visitation order is no longer in the child’s best interests
  • Substance abuse issues
  • Issues that impact the child’s physical, mental or emotional well being.

Major changes in circumstances could cause:

  • Ending, increasing, or reducing alimony
  • Increase or decrease in child support
  • A change to the current time-sharing schedule

Matthew Legan Sanchez will review your facts and see if the change in circumstances likely will change the current court order.  Sanchez also defends against changes to current court orders, based on a lack of evidence.

MODIFICATION OF CUSTODY AND PARENTING TIME ORDERS

 

Custody and time-sharing orders can be modified based on a major change in circumstances that impact the child’s best interests.  A material change in circumstances could be:

  • Significant passage of time and development changes
  • The child wants to spend more time with a parent
  • Changes in school or distance between parents

Any number of factors can impact the child’s best interests.  A child’s best interests can change and evolve over time.  Changed circumstances can also be more serious such as:

Are you seeking to modify a current custody order?  You should consider the following:

  • What does your current order require?
  • When was your order entered?
  • Does your order have a “dispute resolution” requirement before filing a motion?

Sanchez is here to review the facts of your case to determine if a material change in circumstances has occurred. When looking to modify a custody or child support order – call (505) SANCHEZ.

COMMON REASONS FOR MODIFYING A PARENTING PLAN

 

There are a number of common reasons for requesting to change a parenting plan in New Mexico. These reasons include:

 

  • The child desires to spend more time with one parent
  • A parent’s behavior has negatively impacted the child’s best interests
  • Domestic violence issues
  • Substance abuse issues
  • Alcohol abuse or dependency
  • Verbal or emotional abuse
  • Parent failing to spend quality time with the child during periods of responsibility

MODIFICATION OF CHILD SUPPORT ORDERS

 

To modify a child support order, a parent must show a material change in circumstances that leads to a different support amount.  A change of circumstances that results in a 20% change to the child support order is presumed to be a material change in circumstances.  Changed circumstances that can lead to a different child support amount can include:

  • Major changes to either parent’s income
  • Major changes to the parenting schedule
  • A child reaches the age of majority and is no longer entitled to support
  • Changes in health insurance, work related daycare, etc.

To modify child support in New Mexico, you must file a motion to modify child support, unless both parents agree to the change.  When both parents agree to the change, the parents can file a stipulated order that reflects the new child support amount.  Child support modifications do not occur automatically.  For instance, when one child turns 18 or graduates from high school, child support remains the same for the remaining children unless a motion to modify child support is filed – or a stipulated order is entered.  Also, child support can only be modified back to the date that the motion to modify is filed. Child support is not automatically modified back to the date that a major change occurs.

Have circumstances changed regarding your New Mexico child support order? Contact a qualified and experienced child support attorney to examine whether you should file a motion to modify child support.

CAN I MODIFY THE DIVISION OF PROPERTY OR DEBT IN MY DIVORCE ORDER?

 

Sometimes a spouse regrets entering a settlement agreement after the divorce is finalized.  A spouse experiencing “buyer’s remorse” can be common – but getting out of the agreement can be a complex issue once the divorce is finalized.

A final decree that divides property and debts generally cannot be modified.  Generally speaking, once the final decree is entered, orders regarding property and debt are non-modifiable.  However, depending on the facts and passage of time, there may be grounds to set aside the property or debt division.  Additionally, there may be ways to address property and debt that was not mentioned in the divorce decree.

POST-DIVORCE MODIFICATION AND ENFORCEMENT ATTORNEYS IN NEW MEXICO

 

Matthew Legan Sanchez is a NM family law attorney with extensive experience handling post-divorce modification and enforcement.  Sanchez handles enforcement and modification actions in Albuquerque, Rio Rancho, Los Lunas, Belen, and Santa Fe County.  To discuss your modification or enforcement of support concerns with an experienced New Mexico judgement modification lawyer, call (505) SANCHEZ.

Modifying or Enforcing Court Orders in new Mexico