A marital settlement agreement is a legally binding written contract submitted by divorcing spouses that covers issues such as child custody and visitation agreements, child support, alimony, and the division of martial assets. Once a marital settlement has been established, in order to enforce the terms and conditions of the agreement, you must submit a formal request or motion to the court, showing how your ex-spouse has not been holding up his/her end of the bargain. Using the aid of an attorney can help you through this process. Common reasons for the need of the court to enforce the agreement are a failure of child and/or spousal support payments, failure to maintain life insurance policies, refusal of payment for child’s education and a failure to pay a mortgage payment. Other issues may arise after the divorce is entered that may require modification of the agreement, such as emancipation of children, modification or termination of alimony (sometimes due to changes in employment, remarriage or cohabitation), modification of custody or child support.
If you have any questions regarding enforcement or modification of your settlement agreement or Court Order, call (973) 813-8100 for a free consultation.