Honolulu And Oahu Modification Attorneys

Last updated on June 10, 2024

At Coates Frey & Hackett, AAL LLLC, we understand that life changes frequently and without warning. Whatever happens, we are dedicated to adapting to situations in ways meant to benefit you and your keiki, or children. Our attorneys are available to residents of Hawaii to assist in modifying child custody, child support or alimony agreements.

Making Modifications To Court Orders

Life changes every day, and sometimes, those changes call for changes to be made to the terms of a divorce as well. When these subjects become complicated, we can provide you with the answers and information you need.

Is it hard to modify custody in Hawaii?

Child custody can be relatively easy to modify in Hawaii. In most cases, it is simpler to speak to the other parent and attempt to mutually modify the agreement. By creating a written agreement and presenting it to the court and the agreement is in the best interests of the child, parents can likely modify the agreement with little difficulty or even without a hearing.

However, if one or both parents are not willing to cooperate, litigation will be necessary to modify the agreement, which can make things considerably more complicated. Filing a modification request in court will require the proposing parent to show that the change is beneficial for this child, that there are changes in life that no longer allow the present agreement to work and that the benefits of the proposed change outweigh the downsides that may come with it.

Hawaii courts know that multiple changes in a child’s life and schedule can be detrimental, which is why they are hesitant to grant a modification. We can help you present your strongest case to pursue the modifications you need.

When can child support be modified?

Parents cannot change the arrangement of their child support simply because they do not like it. For any modification to child support to happen, the parent seeking the change needs to show at least one of three reasons to a court:

• Change in income of either parent, the one paying or receiving child support
• Change in the expenses of the child and the necessary costs of raising them
• Change in the number of children receiving child support as other children age out of eligibility requirements

Once a reason for change comes up, the parents will need to either take the matter to either family court and seek a judicial resolution or go to the Child Support Enforcement Agency for a resolution.

Both options have their appealing features as well as their burdens. For a judicial change, a motion needs to be filed. The case is usually faster overall, though rather difficult for those who are unrepresented by a lawyer. Other issues like custody and visitation may also be discussed, which is difficult to defend and fight for your desired outcome without an attorney present. The administrative approach is slower but limits the topics of discussion to child support and the costs of the medical insurance of the child. It is designed for parents who are unable to obtain a lawyer to represent them in court to be able to get the necessary adjustments passed.

When is alimony applicable in Hawaii?

There is no guarantee of alimony in Hawaii. Instead, a court will determine if a divorcing spouse qualifies for it, based on the unique factors of their divorce. There is not a universal formula for deciding how long a spouse will receive payment or how much they will receive.

If alimony has been established, the divorcing couple can agree to a written contract to make the present arrangement permanent and unchangeable. If they do not agree to this, either party can seek a modification, but the spouse proposing the modifications needs to show that they have experienced significant life changes that qualify for the modification.

If the couple did not make any initial contractual agreement stating otherwise, spousal support terminates automatically when the payee remarries.

If your initial agreements are no longer reflective of your needs or those of your child, contact our office to modify them to better suit your current situation.

Honolulu And Oahu Enforcement Lawyers

Agreements are settled with the intention that both parties will continue to abide by the terms they lay out. Sometimes, parties may fail to comply. Luckily, actions can be taken to overcome the conflict. Our lawyers will help enforce all your legal contracts to ensure you and your child are receiving the care and protection you were originally promised.

Enforcement Of Child Custody

Having a child custody agreement approved by the court strengthens your ability to enforce it. By incorporating the court and having a judge agree to it, it is granted the strength of a court order. With this classification, both parents are legally bound to it and must act in accordance with it. It is easier to prove disobedience of an order and seek productive changes to it.

Without a court backing the document, the options to enforce custody are limited. Police and legal officials can only intervene when the situation poses an immediate threat to the well-being of your child. Consider discussing the matter with the child’s other parent and bring your agreement to court to get a court order.

With a court order, you can still negotiate directly with the other parent or get legal officers involved.

Keep records of infractions in case you must prove your case in a court hearing. Include information on the date and time of the violation and the circumstances that went against your agreement.

Courtroom visits may vary in severity. The judge could either act as a reinforcer of your plan or even approve adjustments and act to resolve any mistakes, such as days taken from you, by granting you more time with your child. Alternatively, a judge could be asked to hold the other party in contempt. If the court decides that the parent did intentionally violate the order, they face serious consequences, potentially including jail time.

Enforcement Of Child Support

Hawaii’s Child Support Enforcement Agency is proactive in obtaining outstanding payments for the owed parents. CSEA will take action to enforce compliance automatically, without requiring prompting by the parent with custody.

Enforcement Of Alimony

Ex-spouses who are not receiving their due alimony have three options to enforce the agreement.
An ex-spouse can:

• Go to court and have a judge find the payer in contempt, thereby giving them an order to repay the owed money, possibly with an extra attorney and court costs of the enforcing party.
• Obtain a court-ordered writ of execution where an enforcing officer can seize the money you are owed.
• Obtain a court-ordered income withholding where the payer’s employer is then required to send the portion of the paycheck owed to the ex-spouse directly to them without first giving it to the payer.

During your free initial consultation, our lawyers will recommend the best approach once we become familiar with your case. From there, we will represent you and fight for your owed payments.

If you are not receiving the financial assistance or child visitation you are legally entitled to, contact one of our attorneys to enforce compliance.

Let Us Defend Your Needs

Whether you need someone to modify or defend the terms of a divorce, our team is here for you. We wrote the book on divorce and are eager to help you resolve your issues as promptly as possible. Call us at 808-379-3538 or email us here to schedule your initial consultation today.