Enforcement & Modifications

Judgments of the Probate and Family Court govern many important aspects of daily life. However, things don’t always remain the same, especially when it comes to family law.

Perhaps a judgment which once suited your family’s needs no longer does because things have changed. Or, maybe your ex-spouse is not abiding by the terms of a judgment. If this is your situation, contact Ouellette Family Law to schedule a consultation.

Enforcing Family Court Judgments

When an ex-spouse or former partner is not obeying a judgment, it may be necessary to file a Complaint for Contempt to enforce its terms. At a contempt hearing, a party can present evidence that the other party has willfully disobeyed the court’s judgment. That party will have the opportunity to respond and present their own evidence. If the court agrees with the party who filed the complaint, it will take action to enforce the judgment. Courts often award attorney’s fees to the party who prevails in a contempt action.

Modifying Family Court Judgments

Sometimes it is necessary to modify the terms of a judgment because circumstances have changed. However, not all judgments can be modified. For example, the division of marital property in a divorce judgment cannot be changed, absent a showing that one party has defrauded the other party. Terms which the parties agree cannot be changed (such as the amount of alimony or how long it will be paid) are also not modifiable, absent exceptional circumstances. On the other hand, terms relating to children (such as custody, parenting schedule, and child support) are always modifiable.

Either party can request changes to a judgment by filing a Complaint for Modification. To prevail, the party seeking a modification must show that there has been a substantial and material change of circumstances since the judgment was issued.

How Ouellette Family Law Helps

Attorney Linda Ouellette has been a family law attorney for almost 40 years. She has helped countless clients enforce or modify judgments in courts throughout Massachusetts.

Linda understands that it is best to resolve family law issues outside of court whenever possible. However, as a seasoned litigator with years of courtroom experience, she knows that being prepared and willing to take a dispute to court provides leverage in settlement negotiations. Her diligent and thorough preparation of each case positions her clients for a successful outcome if their case cannot be settled favorably and must be decided by a judge.