FAQ: Modification and Enforcement - Text 
Back.
Notice:
This presentation is intended for basic informational purposes only
and does NOT contain a complete explanation of family law. We highly
recommend that you obtain
a lawyer to help you understand your situation, and to interpret
the guidelines and laws that apply to your case.
1.0 Overview
Modification and enforcement gives you basic information on changing
and enforcing the court’s final decision.
Issues may come up after the divorce or parenting plan is complete.
If so, a party may wish to change the order or make sure the order
is being followed.
2.0 Modification
A modification is a request to the court to change the terms
of an existing court order. After your documents relating to your
children are complete, circumstances may change. If they do, you
may file a request asking the court to modify a decision concerning
child support, child custody or spousal support. To modify child
support, you must show the judge that there has been a “material
and substantial change in circumstances” since the court’s
final order. Information on modification of a child support order
is found in the New Mexico Statutes, NMSA 40-4-11.4. For example,
if you (or the other parent) get a new job and one of you makes
much more or less money than before, the court may modify the child
support payments.
3.0 Enforcement
Another thing that can happen after a divorce or paternity action
is that one party can fail to do what the court ordered that person
to do. If one party fails to comply with a court’s final order
concerning child support, child custody, spousal support and the
division of property, the other party can request that a court take
action to enforce the order.
The court may hold a hearing in order to better understand the
situation and then will issue an order. The court has the power
to ensure that its orders are followed. Some of the tools available
to the court to enforce its orders include: issuing a Wage Withholding
Order to ensure that child support is paid; requiring the parties
to follow the timesharing schedule for the children; and ordering
the parties to transfer property from the marriage according to
the terms of the Final Decree.
4.0 Conclusion
Some of the issues that come up after a divorce can be very
complex. See a lawyer
if this is the case.
When you file papers or appear in court as a self-represented litigant,
you are your own lawyer. Get the help you need before you file papers
with the court or appear in court in your case. If you follow these
suggestions, the court can more quickly and efficiently resolve
the issue that brought you to court.
New Mexico Administrative Office of the Courts.
(Approved video script ver .09 5/23/02)
|
