Until the court officially changes the order, it’s crucial to comply with its current terms.

Our attorneys will work closely with you to assess whether a modification is justified based on your current situation. We’ll evaluate if your circumstances meet the “substantial change” criteria under North Carolina law and explore options to secure adjustments that align with your present needs. Your well-being is our top priority, and we’re committed to providing tailored solutions and strong legal representation throughout the process.

Can Property Division Be Modified?

Generally, court orders concerning the division of marital property are final and cannot be altered. However, if a party fails to comply with the property division agreement or court order, you have the right to enforce the judgment and take legal action to ensure adherence to the court’s directives.

If you have questions about modifying existing custody, child support, or spousal support arrangements—or if the other party is not meeting their obligations—our team is ready to help. You can trust that we will advocate for your rights and guide you through the complexities of your legal matter with diligence and expertise.

Child Custody Modifications in North Carolina

It’s a common misconception that a “permanent” child custody order remains unchanged until the child turns 18. In North Carolina, an existing custody order can be modified if necessary.

According to North Carolina General Statute § 50-13.7:

“An order of a court of this State for custody of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party.”

To modify a custody order, you must demonstrate a substantial change in circumstances affecting the well-being of the child. The burden of proof lies with the parent seeking the modification. If you can prove changed circumstances since the last order, the court will consider what is in the best interest of the child based on new evidence.

Requesting a Modification Due to Relocation

You may seek to alter child custody or visitation arrangements if one or both parents are relocating. If you have primary custody and wish to move out of state or to a different area, you’ll need to show the court that the move is necessary and serves the best interest of your child.

For example, relocating for a higher-paying job could provide your child with new advantages. The child’s best interest is the guiding principle in any modification case. If the other parent plans to relocate and you want to contest the modification, obtaining sound legal advice is crucial.

Enforcement

Ensuring compliance with family law agreements is vital for maintaining fairness and upholding legally binding commitments. We understand the frustration that arises when one party does not honor the terms of a court order or separation agreement. Non-compliance can lead to significant consequences, including enforced court orders, contempt charges, and financial penalties. Whether you aim to enforce existing arrangements or hold the non-compliant party responsible, our dedicated team is here to offer the support and legal assistance you need.

What Happens If the Other Party Isn’t Following the Terms of the Court Order?

Failure to adhere to separation or custody agreements can constitute a breach of contract, potentially resulting in court-ordered enforcement of the agreed-upon terms and liability for the other party’s legal fees. Non-compliance with court orders may lead to contempt charges, carrying penalties like fines, imprisonment, and other serious repercussions.

If you need help enforcing current arrangements or ensuring accountability for non-compliance, our team is ready to support you. Schedule a consultation to explore your options or initiate immediate actions with the personalized legal guidance we provide.

How to Enforce a Separation Agreement, Prenuptial Agreement, or Postnuptial Agreement

Modifying agreements requires mutual consent and must be documented in writing, signed, and notarized by both parties. While parties may mutually agree to deviations, the original terms remain legally binding unless formally amended.

Whether it’s a separation, prenuptial, or postnuptial agreement, each serves as a contract between consenting adults. If one party breaches the agreement, the other may seek court intervention for enforcement, often including provisions for attorney fees.

Even if your spouse deviates from the agreement, you are still legally obligated to uphold its terms. Failing to do so might require you to defend your actions before a judge. Our team is here to guide you through this process with clarity and support.

If you suspect your spouse is hiding assets, consult your attorney. They can help you work with professionals like forensic accountants to uncover hidden assets, report them to the court, and strive for a fair judgment in your property division dispute.