Fairfax Post-Divorce Action Lawyers

Modification & Enforcement of Custody, Visitation, & Support

At Wexell Milman, we help our clients obtain post-divorce modifications to the terms of their custody, visitation, and support agreements. Our practice is focused primarily on family law and divorce-related matters, and we have been providing these services since 1981.

Virginia’s courts recognize that as lives, circumstances, and needs change, some of the terms of a divorce settlement and divorce-related court orders may also need to change — specifically, post-divorce actions regarding minor children or modifiable spousal support.

Our experience with post-divorce actions and post-separation actions includes:

• Modification of child custody arrangements
• Modification of visitation (parenting) schedules
• Modification of child support obligations and spousal support payments (including terminations)
• Contested custodial parent relocations (within Virginia or to another jurisdiction)

The prerequisite that must be met for a court to approve a requested modification in Virginia is a material change in the circumstances of the person seeking the adjustment, and a court order or agreement permitting a modification. We represent clients seeking post-divorce modifications, as well as those seeking to preserve the status quo.

The combination of hard work, thorough preparation, and our attorneys’ ability to work well with opposing counsel help us achieve cost-effective — yet favorable — out-of-court solutions. That said, our lawyers are also experienced in the courtroom, and we are fully prepared to litigate these issues vigorously when necessary.

Enforcement of Divorce Agreements & Court Orders

If your former spouse has not been fulfilling the obligations they assumed as part of your divorce settlement or the obligations set out in a court order, our lawyers can pursue a number of options for remedying the situation on your behalf, including wage garnishment, actions to enforce, breach of contract claims, and contempt of court proceedings (“show cause” actions).

To schedule an initial consultation with one of our experienced post-divorce action attorneys in Fairfax, call (703) 454-5448 or contact us online. Evening and Saturday morning appointments are available by request.

How Can You Enforce a Court Order If Your Ex-Spouse Isn't Complying?

If your ex-spouse is not complying with the terms of your divorce decree, legal steps can be taken to enforce the court order. Enforcement options include filing a motion for contempt, which asks the court to hold the non-compliant party accountable for their actions. The court may impose penalties such as fines or even jail time for willful non-compliance. Another common enforcement method is wage garnishment, which allows child or spousal support payments to be directly deducted from the paying spouse's paycheck.

In some cases, the court may order a lien on property or even suspend the non-compliant party's driver's license or professional licenses. Taking enforcement action typically requires filing a petition with the court, providing evidence of the violation, and attending a hearing. A knowledgeable attorney can help navigate these processes and ensure that the terms of your divorce are upheld.