Enforcing Divorce & Parental Rights Decrees in Maine

Enforcing Divorce & Parental Rights in Maine

Divorce is an emotionally charged process that sometimes lasts months or even years. Once the final divorce decree is issued, most divorcees can breathe a sigh of relief, even if they did not get everything they asked for. Family courts create the conditions of the divorce decree, expecting them to remain intact unless there is a significant change in the lives of either parent or the children. Ideally, this decree stands, both spouses abide by it, and everyone goes on living their lives. Unfortunately, this is not how it happens for every divorced couple. If you are experiencing problems with your ex-spouse abiding by your divorce decree or need to change your decree, lawyers at The Maine Divorce Group are here to help.

Enforcing a Divorce Decree in Maine

You need the legal guidance of a family law attorney in Maine if your ex-spouse is failing to fulfill the terms of the divorce decree or another family court ruling such as:

• Not abiding by custody and/or visitation agreements
• Failing to pay child support
• Failing to pay maintenance

The courts will require that the party violating the terms of the divorce decree fulfill their obligations. In some cases, they will take money directly from the non-custodial parent’s wages to pay the custodial parent promptly and thoroughly. They can even deduct it from the non-custodial parent’s tax refund. 

Modifying the Divorce Decree

Even though the court intends for the divorce decree to be permanent, it also understands that life changes occur. Depending on the circumstances, either spouse can request a modification to the divorce decree. However, they must show a substantial and continuing change of circumstances. Before pursuing the change, it is best to speak with an experienced Maine family law attorney to determine if you might be eligible for a modification. Legitimate reasons for either spouse to request a change to the decree include:

• One parent wishes to relocate to another area
• One parent becomes unfit to be responsible for children due to arrest, mental health, addiction, or another reason
• A health issue arises that impacts one parent’s ability to work
• One parent is fired from a job and not able to find similar employment
• One parent receives a raise
• The child experiences a health issue
• One parent remarries or has additional children

Keep in mind that no matter what the reason is, the parent asking for a modification will need to show proof of the change that led them to ask for a modification. This may include employment records, financial records, health records, or legal records. 

If the court grants a modification, it becomes a part of the decree and is enforceable. Unless another change happens in the future, the ex-spouses are required to abide by the modification. 

Contact Our Maine Divorce Attorneys for Help Enforcing or Modifying Your Divorce Decree

Needing to enforce your divorce decree or modify it can be just as emotional and challenging as getting your divorce decree to begin with. At The Maine Divorce Group, we understand that this may be an unexpected and worrisome time. We can provide the support and legal guidance you need to get through this and have the best outcome possible. Call us today to schedule your consultation.