Media Modifications & Enforcement Lawyer
If you are needing to modify a court order after your divorce, or if your ex is attempting to make a modification that you oppose, Media modification & enforcement lawyer Barbara Flum Stein & Associates can provide solid legal advice and excellent representation in any courtroom modification proceeding. We can also help with actions to enforce court orders such as child custody arrangements or child support payments, including property liens, wage garnishments and contempt actions in court. Learn more below about how modification and enforcement works in Pennsylvania family law.
Modification and Relocation
Court orders in a divorce are intended to be final once they are implemented as part of the final divorce decree. However, Pennsylvania law and courts do recognize that circumstances may later change that make a particular court order unfair or unworkable. For instance, the loss of a job or the birth of a child may impact an ex-spouse’s ability to pay child support or alimony, or alter their needs. Likewise, a parent’s desire or need to move away can require the modification of the current custody order. It is up to the party seeking a modification to prove that the change in circumstances is material, substantial, and in most cases permanent. The other party may oppose the modification, in which case a hearing will need to be held in court, and the judge will decide whether to grant the modification or not. Barbara Flum Stein will work with you and your ex to find a sensible solution regarding a proposed modification. If agreement cannot be reached, we provide strong, intelligent and effective representation in court to promote your interests and ensure your needs are met.
Any significant relocation of a custodial parent, whether out of state, out of the country, or even in-state where the current custody arrangement becomes unworkable, requires either the consent of the non-custodial parent, or approval by the court if the parents don’t agree. The noncustodial parent must be notified before any move and given the opportunity to object, obtain an order preventing relocation, and appear at a hearing in court over whether the move-away should be allowed.
In deciding whether to modify a child custody order in a relocation, the best interest of the child is the overriding factor. It is up to the parent seeking to relocate to convince the judge that the relocation would be in the child’s best interest. In making this determination, the court will consider the following:
- The child’s relationship with each parent, siblings and other significant persons in the child’s life
- The age, needs and developmental level of the child
- The feasibility of preserving the relationship between the child and the nonrelocating parent
- The child’s preference regarding relocating
- Whether it seems one parent would promote or thwart the relationship between the child and the other parent
- Whether the relocation will enhance the general quality of life of the relocating parent
- Whether the relocation will enhance the general quality of life of the child
- Each parent’s reasons for seeking or opposing the relocation
- Any past or present abuse by a parent or member of the household
Enforcement of Family Law Court Orders in Pennsylvania
Divorce orders regarding child custody, child support and alimony are enforceable court orders. If your ex is not paying child support or alimony, or is not complying with the spirit of the custody arrangement, there are steps you can take to enforce compliance. For help collecting current or overdue child support payments, you can seek help from the DHS Bureau of Child Support Enforcement. If your ex is not making alimony payments, Barbara Flum Stein & Associates can help by contacting your ex or their attorney, or through legal actions such as imposing wage garnishments, property liens or other means of enforcing money judgments.
If your ex is not complying with the child custody arrangement (not making scheduled pickups or drop-offs, making unilateral decisions, violating terms of agreement, etc.), we can help you pursue a contempt action in court. Contempt is a legal finding by the judge that a party is not complying with a court order. A judge who finds a party in contempt can force the person to comply by imposing fines or even jail time until they relent.
Help is Available for Pennsylvania Divorce Modification & Enforcement Issues
For help with post-divorce modification or enforcement issues in Delaware County, contact Media family law attorney Barbara Flum Stein at 610-565-6100 for assistance from an experienced and effective Pennsylvania divorce lawyer.