Modification and Contempt
People often have significant changes in the lives that can affect custody, visitation, and support orders. The law recognizes that a significant change in circumstances could result in an order being unfair or unjust and therefore allows for modification of previous orders. Events that could be considered a significant change in circumstances include loss of a job, promotion or job transfer, and health concerns of either the parents or the children.
Specific requirements must be met to receive a modification of a custody or support order. Not only must there be a substantial change in circumstances, the modification must also be in the best interests of the child.
A contempt action may be pursued if a party is not following the terms of the custody, visitation, or support order. To bring a contempt action, a Request for Orders must be filed with the Court, which requires the other to appear before the Court and tell the Court why he or she should not be held in contempt.
If you have been served a Request for Orders, you have the right to be informed of the charges, right to counsel, right to testify and call a witness, and the right to present a defense or explanation. A person found in contempt is allowed to purge the contempt by performing the act required. A person found in contempt may also be incarcerated or ordered to pay a fine.
If you need help with modification of orders or contempt action, or may be in contempt yourself, contact Law Office of Paul A Lovrich at (408) 823-4554 to schedule an appointment to discuss your case.