POST-DECREE/ORDER ENFORCEMENT

/POST-DECREE/ORDER ENFORCEMENT

Contempt

If a party is not complying with the terms of a Court Order (be it a Decree of Divorce, a custody order, or an Order After Hearing), you can ask the Court to issue an order to show cause why that party should not be held in contempt for not following the Court Order.

NRS Chapter 22 addresses contempt, what it means, and the sanctions a Court can order if a party is found in contempt.

Keep in mind contempt in family court is mostly civil in nature, meaning it is to compel compliance, not punish non-compliance. The Court does have authority to award monetary sanctions and attorney’s fees based upon lack of compliance should the facts of the case justify monetary sanctions, including attorney’s fees. Imprisonment, while available as a sanction under the statute, is a very extreme and rare remedy often done to force a party to comply (i.e you will sit in jail until you sign what you were court ordered to sign). It is not you will serve 10 days in jail because you didn’t pay your half of the children’s medical expenses.

If you have questions on whether on contempt, please contact the Law Offices of Andriea A. Aden, Esq. at 775-622-9245.

Child Support Modification

If you seek to modify child support (as either obligor or obligee), there must be a 20% change in income (up or down depending on what you are seeking). Nevada law also allows for a review every three (3) years; however, simply having the right to request a review does not automatically mean the court will modify child support. It simply means you have the right to request the court take another look.

Child support is calculated the same when it is modified (see Child Support), the Court will just apply the new income figures into the formula.

If you have questions on child support modification, please contact the Law Offices of Andriea A. Aden, Esq. at 775-622-9245.

Alimony Modification

Alimony may be modified so long as the Court still retains jurisdiction over the issue of alimony, meaning the payment of alimony is still on-going. If the Court terminated jurisdiction over the issue of alimony in your divorce, you do not get to come back later and ask for it. If alimony was awarded in the divorce, but the alimony period has ended, jurisdiction has ended, and thus again you cannot ask the court to modify. If you seek to modify alimony, you must file the motion while the Court still has jurisdiction over alimony.

In order to modify alimony, per the statute, there must be a 20% change in the obligor’s income. This means, under the statute, a change in the obligee’s income (i.e. the receiving party’s income), does not prompt a basis to modify alimony; however, it could potentially be considered depending on the facts. (i.e. spouse had no income at time of divorce and is now earning $100,000.) Ultimately family courts are a court of equity and should consider the relative income of the parties in an alimony modification.

I solve this problem by drafting decrees that state alimony is modifiable upon a change of 20% in either party’s income.

If the receiving spouse re-marries, alimony automatically terminates under Nevada law, unless your Decree states otherwise.

If you have questions in regards to modifying alimony, call the Law Offices of Andriea A. Aden, Esq. today at 775-622-9245 to schedule your consultation.

Enforcement of Decree

This often coincides with a Motion for Order to Show Cause regarding contempt in that you are not only seeking contempt for non-compliance but you are seeking the terms of your order be enforced by the Court. This request is made when you want not just a finding of a contempt, but an order requiring compliance. This is often the case when a party fails to pay a monetary obligation that they are ordered to pay under the Court Order, such as alimony, child support, expenses for the children, an equalization payment, etc. These also often come in to play when a party does not sign necessary documentation or dispose of an asset as ordered by the Court (such as selling or refinancing a mortgage).

In sum, in addition to requesting contempt, a party has an ability to seek assistance from the Court if the other party is not following through with their court ordered obligation.

Custody Modification (need to add to website)

The Court retains jurisdiction over the minor children until they emancipate. This means custody is always an issue the Court can consider. The legal standard the court applies in a custody modification request depends on the current physical custody schedule. If the parties share joint physical custody and one parent is requesting primary custody, the court considers the best interest of the children per the factors outlined in NRS 125C.0035.

If a parent has primary physical custody, the Court not only considers what is in the children’s best interest but must also make a finding there has been a substantial change in the children’s circumstances to justify a modification of custody.