Post-Divorce Issues & Modification
There are many issues that may arise after an order of the court has been issued, ranging from one party not complying with the orders to seeking a change or modification of the final decree. There is a common misconception that it is difficult or impossible to enforce the orders of the court or to change the orders.
If you believe that your former spouse is not complying with the orders of the court, then there are options available to you, including filing a petition or motion for contempt and for enforcement of the orders. You may be able to recover your attorney’s fees if the court finds that your spouse is in contempt of its orders. Call our attorneys here at Welts, White & Fontaine to discuss your options.
It also may be possible to change or modify an existing order. When there are grounds to modify the orders, we can file a motion to modify. If you believe that a modification of the orders of the court is needed, please contact our attorneys here at Welts, White & Fontaine and we can advise you on how best to obtain a change or modification of the orders.
Modification of Child Support
Generally, if there has been a substantial change in circumstances or if three (3) years have passed since the date of the most recent child support order, then either party has the right to request that the court change the child support order by filing a petition to modify. Prior to filing a petition, you will want to be informed of how potential changes in the law or in your particular financial situation that may have occurred since the date of the most recent child support order may affect the child support amount. You will want to speak with our attorneys here at Welts, White & Fontaine to ensure that you understand your rights and how best to achieve your desired goal.
Modification of Child Custody/Visitation or Parenting Plan
A court order regarding child custody or parental rights and responsibilities may be changed in New Hampshire so long as one of the following circumstances (set forth in RSA 461-A:11) exist; “(a) The parties agree to a modification. (b) If the court finds repeated, intentional, and unwarranted interference by a parent with the residential responsibilities of the other parent, the court may order a change in the parental rights and responsibilities without the necessity of showing harm to the child, if the court determines that such change would be in accordance with the best interests of the child.(c) If the court finds by clear and convincing evidence that the child’s present environment is detrimental to the child’s physical, mental, or emotional health, and the advantage to the child of modifying the order outweighs the harm likely to be caused by a change in environment.(d) If the parties have substantially equal periods of residential responsibility for the child and either each asserts or the court finds that the original allocation of parental rights and responsibilities is not working, the court may order a change in allocation of parental rights and responsibilities based on a finding that the change is in the best interests of the child.” If you believe that you may have grounds to change the existing court order, then call us here at Welts, White & Fontaine, P.C. to discuss the options available to you.
Modification of Alimony
Alimony or spousal support may be modified after the final divorce order, even in situations where the parties have expressly waived their right to seek modification or alimony. The court has the authority to modify alimony orders upon a showing of a substantial change of circumstances. That affects the need of the recipient or the ability to pay of the paying spouse. To determine whether your circumstances warrant a modification of alimony (even if alimony was not included in the original divorce order or if you agreed to waive alimony modification), please contact our experienced attorneys at Welts, White & Fontaine.