Spokane Modification Lawyer

modification and enforcement attorneys in Stevens and Spokane Counties

A divorce is not over when the final documents get signed. When there are children or support payments involved, the parties are bound by the decree. Neither party can simply relocate because of the impact this would have on the parenting plan and visitation schedule. Similarly, if one party is not paying the required support, something needs to be done. 

Without excellent legal representation, it is easy for people to find themselves feeling helpless. Maxey Law Office PLLC can be your ally through post-divorce issues and work with you to find solutions.

Need assistance with modification and enforcement issues? Connect with a Spokane modification attorney today for a free legal consultation. Call us at (509) 652-3330 or reach out online to get started!

Understanding Divorce Decree Modifications in Washington

For a Washington court to approve a divorce modification, the petitioning party needs to establish a change in circumstances substantial enough to justify the modification. This is true for any type of modification, including child custody, spousal support and child support.

Common Reasons for Modifications

Several common reasons prompt individuals to seek modifications to their divorce decree:

• Change in Financial Status: A significant change in income—whether due to job loss, promotion, or a new job—can impact child support or alimony obligations.
• Relocation: If one parent needs to move to a different city or state, this may require a modification of custody or visitation arrangements.
• Changes in Child Needs: As children grow, their needs change. This may affect visitation schedules, child support amounts, or even custody arrangements.
• Health Issues: If either party experiences health issues that affect their ability to work or fulfill their obligations, modifications may be necessary.

The Process of Modifying a Divorce Decree in Washington

Modifying a divorce agreement in Washington State typically involves several steps:

• Filing a Motion: The process begins with filing a motion for modification in the appropriate court. This motion should outline the specific changes being requested and the reasons behind them.
• Notice to the Other Party: The other party must be notified of the motion. This is an essential step to ensure that both parties have an opportunity to respond.
• Hearing: If the other party contests the modification, a court hearing will be scheduled. During this hearing, both parties can present evidence and arguments regarding the requested changes.
• Court Decision: After reviewing the evidence and hearing both sides, the court will make a determination. If the court agrees that a substantial change in circumstances exists, it may approve the modification.

If you are dealing with a divorce modification, it is critical to work with a legal team you can trust to protect your interests and the interests of your children. If you need to petition the court for a modification or contest a modification petition from your ex-spouse, we will provide you with sound legal counsel and powerful advocacy through the process.

Schedule your free legal consultation with a Spokane modification attorney by calling (509) 652-3330 or contacting us online!

Enforcing Divorce Decrees in WasHington

If your ex-spouse is not making support payments timely or is failing to follow the parenting schedule, we can help you. The provisions of the divorce decree must be followed.

Here are key aspects of the enforcement process:

• Documenting Non-Compliance: The first step in enforcement is to document any non-compliance. This could include missed child support payments or violations of custody arrangements.
• Filing a Motion for Enforcement: If informal attempts to resolve the issue fail, the aggrieved party can file a motion for enforcement with the court. This motion outlines the specific violations and requests the court's intervention.
• Hearing and Court Orders: The court will schedule a hearing where both parties can present their cases. If the court finds that one party has not complied with the agreement, it may impose remedies, including:
  • Wage Garnishment: For child support or spousal support violations, the court can order wage garnishment to ensure payment.
  • Modification of Parenting Time: If a parent violates custody agreements, the court may alter visitation rights.
• Contempt of Court: If a party willfully fails to comply, they may be held in contempt of court, leading to fines or other penalties.

We can petition the court for a variety of remedies, including injunctions and wage garnishments, to make sure your interests are protected.

The Importance of Timely Enforcement and Modification

When it comes to legal matters surrounding enforcement and modification, timing is crucial. Delays can lead to complications that may affect your rights and responsibilities. At Maxey Law Office, we understand that life circumstances can change, and so should your legal agreements. Whether you are dealing with child support, custody arrangements, or spousal support, our modification and enforcement attorneys are here to help you navigate these changes efficiently.

Here’s why acting promptly is essential:

• Protect Your Rights: Timely action can safeguard your legal rights and prevent potential future disputes.
• Avoid Financial Strain: Delaying modifications can lead to unnecessary financial burdens. Proactive measures can help you manage your expenses better.
• Maintain Stability: Ensuring that your legal agreements reflect your current situation can provide peace of mind and stability for you and your family.
• Streamlined Process: Early intervention often leads to a smoother legal process, minimizing stress and confusion.

Contact Us For Advice

Our dedicated team at Maxey Law Office is committed to helping you make informed decisions. We offer personalized consultations to discuss your unique circumstances and develop a tailored strategy that meets your needs. 

To speak with an attorney about enforcement or modification of a divorce decree, call (509) 652-3330 or contact us online. We have decades of experience helping families adjust their arrangements to better fit their lives.

Commonly Asked Questions

How Often Can I Modify My Divorce Agreement?

You can seek modifications whenever there is a substantial change in circumstances. However, frequent modifications may be viewed unfavorably by the court.

Is There a Time Limit For Filing a Modification?

There is no strict time limit, but it’s advisable to act promptly once you recognize a change in circumstances that warrants a modification.

Can I Modify Custody Arrangements Without Going to Court?

If both parties agree on changes to custody arrangements, you can file a stipulated agreement with the court. However, it’s always best to have legal guidance to ensure compliance with legal standards.

What Happens If My Ex-spouse Refuses to Pay Child Support?

If your ex-spouse fails to pay child support, you can file a motion for enforcement, and the court may take various actions to ensure compliance.

Can I Get Retroactive Child Support?

In certain cases, you may be able to request retroactive child support, especially if it was not paid as ordered. This requires a court hearing to establish the amount owed.