Other Family Law Matters
ORDER OF PROTECTION
If you’re currently going through or contemplating a family law matter such as Divorce or a child custody battle, you already know how difficult it can be to keep your emotions in check. You may be having a hard time making decisions or reaching resolutions with your spouse or partner. Sometimes, unfortunately, such stress may lead to domestic violence. Certainly in such cases your first priority must be your and your children’s safety.
If your relationship issues have escalated to unsafe levels you may petition the court for a Order of Protection. This relief is not meant to be abused by one of the parties in retaliation or in a attempt to gain a possible advantage in the divorce negotiations but is meant to protect the parties from possible life threatening situations.
At the Law Offices of Kevin P. McCarty, we understand the complex feelings you’re going through. After all, the decisions you make now will change your life for many years to come. Our average retainer to pursue or defend an Order of Protection is $750. Our goal is to offer you compassion during this tough time as well as legal services that help you reach peaceful solutions.
If you have decided to separate from your spouse yet do not wish to file for divorce for religious or economic reasons you should consider pursuing a legal separation to protect yourself from debt collection or other liabilities accrued by your Spouse during this period. Our fees for these matters which remain uncontested are $800 plus court costs. Contested matters are handled on the same basis as contested divorce.
It may become necessary to ask the Court to modify the terms of your divorce decree after entry. Once an order for child support is entered arrearages will accrue, if unpaid, with statutory interest, unless a court order is entered to abate child support due to a significant change in circumstances, such as loss of employment.
Likewise, the amount of child support to be paid will remain the same until a subsequent court order in entered. The amount of child support to be paid can be reviewed if the non-residential parent has experienced a significant increase in income since the divorce decree was entered.
If you ex-spouse fails to perform anything ordered by the court in your divorce decree or other court order, you may ask the court to find them in contempt of court to force said performance or level appropriate sanctions for this failure. Should the court find your ex-spouse’s non-compliance to be deliberate, the court may order him/her to reimburse your attorney’s fees for this procedure. Our average retainer for post-decree matters is $800-$1500.