Modifications & Enforcement Attorneys in Maine
Direct Familiarity With Sagadahoc County Courts & the Families We Serve
A divorce or family court order doesn’t always reflect your life as it actually unfolds. Jobs change, children grow, and circumstances shift in ways no parenting plan or support order could anticipate. Maine courts do provide a path forward when that happens. But the bar for changing an existing order is real, and the process requires preparation. Our family law attorneys at Moncure & Barnicle handle modifications and enforcement of parenting plans, child support orders, spousal support, and related family court orders throughout Maine, with direct familiarity in Sagadahoc County courts serving the Topsham and Brunswick area.
If you’re seeking to modify a parenting plan or child support order, or need to enforce a prior order, contact Moncure & Barnicle to speak with an experienced divorce modification attorney in Maine.
Need help? Contact us or call (207) 209-2902 to speak with an experienced modification and enforcement attorney at Moncure & Barnicle.
What Maine Family Law Allows You to Modify
Maine law permits modification of several types of family court orders when a substantial change in circumstances has occurred since the original order was entered. Orders that may be revisited include child support, spousal support, parenting time, and parental rights and responsibilities. Maine’s term for child custody. Property division orders issued at the time of divorce are generally not subject to post-judgment modification.
For child support, Maine law defines a qualifying financial change as one where a shift in either parent’s income would increase or decrease the amount owed by 15 percent or more. Maine law also distinguishes by timing: within three years of an order, a party must demonstrate a substantial change in circumstances to reopen child support; after three years, a review can be requested without meeting that threshold.
Common grounds for modification include a significant change in income, a parent’s relocation, a shift in work schedule or living arrangements, or a meaningful change in the child’s needs. Filing a post-judgment motion requires a court filing fee, with the exception of child support motions.
Enforcement of Child Support & Parenting Orders
Enforcement applies when one party has failed to comply with an existing court order, whether that involves child support payments, parenting time, spousal support, or another obligation. There are two primary tools: a motion to enforce and a motion for contempt, and choosing the right one depends on the facts.
A motion to enforce is the less formal option. The moving party must show the other party didn’t comply with the order, and the matter may be resolved through mediation or a hearing. A motion for contempt is reserved for serious or willful non-compliance. The moving party must establish by clear and convincing evidence that the other party had the ability to comply and willfully refused. Contempt proceedings are heard only by a judge, not a magistrate, and a judge must approve the motion before papers can be served. Sanctions can include monetary penalties or, in serious cases, incarceration until the contempt is cured. Wage garnishment is also available when a parent has failed to make court-ordered child support payments.
Modifying Parental Rights & Responsibilities in Maine
Changing a parental rights and responsibilities order, what other states often call a child custody modification, requires filing a post-judgment motion with the court that issued the original order and demonstrating a substantial change in circumstances since that order was made. Common grounds include changes in a child’s needs, parental relocation, or shifts in a parent’s availability or lifestyle that affect the child’s well-being. Both parents must continue abiding by the existing order while a modification motion is pending.
After the motion is filed, the court may schedule a hearing where both parents present their arguments. Maine courts often refer parties to mediation before proceeding to a full hearing. The judge evaluates factors including the child’s age, stability, emotional ties, and health. The paramount standard in any parental rights modification is the child’s best interests. Our attorneys help clients gather evidence and build the case needed to support a modification motion, drawing on our working familiarity with the local family law judges and case managers in Sagadahoc County.
Why Work With Moncure & Barnicle on Modifications & Enforcement
Judges are generally reluctant to revisit prior orders. A motion that is vague, premature, or unsupported by adequate evidence may not succeed, and an unsuccessful filing can complicate future attempts. Having a Maine divorce modification lawyer assess whether your circumstances meet the legal threshold before you file can save time, money, and strategic ground. Our attorneys can also advise whether a motion to enforce or a motion for contempt is the more appropriate option given the specific facts of your situation.
Our attorneys at Moncure & Barnicle bring decades of combined experience in family law and divorce matters across Maine. Every client works directly with a knowledgeable family law attorney from the initial consultation through resolution: no handoffs, no generalized advice.
Our representation in modifications and enforcement includes:
- Evaluating whether your circumstances meet the substantial change in circumstances threshold
- Drafting and filing post-judgment motions with the appropriate Maine court
- Preparing evidence and arguments for modification hearings
- Representing clients in enforcement proceedings, including contempt of court
- Advising on child custody and child support modifications specific to Maine law
Schedule a Consultation on Your Modification or Enforcement Matter
If circumstances have changed since your original order was entered, or if the other party isn’t complying, we’re ready to help you understand your options and take the right next step. We represent clients in modification proceedings, enforcement actions, and contempt of court matters throughout Maine.
Contact Moncure & Barnicle to schedule a consultation with a Maine divorce modification attorney. Call (207) 209-2902 or complete our online form.