What Types of Issues Are Addressed in a Contested Motion Hearing?

Though it may seem like every major life change possible is happening during the divorce process, the reality is that life continues to change after the final decree as well. When your family circumstances change substantially or court orders need further clarification, submitting motions and attending contested motion hearings can be the necessary legal pathway to address these concerns.

A contested motion hearing often can be used to address key family law matters, such as:

• Child custody modifications
• Spousal maintenance adjustments
• Enforcement of existing court orders

At Atticus Family Law, we understand that navigating these sorts of proceedings can feel overwhelming during an already challenging time. Our compassionate, experienced team is here to help you prepare for these hearings and approach them with confidence.

Motions and Contested Motion Hearings

A motion is essentially a formal request asking the court to make a specific decision about your case. If the other party disagrees with your request, it becomes “contested,” requiring a hearing where both sides present their arguments to a judge.

These hearings are often more streamlined than full trials, as they focus on specific issues rather than comprehensive case review.

Issues Frequently Addressed in Contested Motion Hearings

Child Custody Modifications

Life changes can make existing custody arrangements unsuitable for your family. Common reasons for custody modifications include:

• Relocation by one parent for work or personal reasons
• Changes in work schedules affecting parenting time
• The child’s evolving needs as they grow older

To grant any changes, however, courts require substantial evidence showing that this sort of modification serves the child’s best interests.

Spousal Maintenance Adjustments

Spousal maintenance amounts may need adjustment when circumstances change significantly. Examples of relevant situations include:

• Job loss or reduced income affecting the paying spouse’s ability
• Career advancement increasing the paying spouse’s earnings
• Remarriage of the receiving spouse
• Health issues impacting either party’s financial situation

These modifications also require proof of substantial change in circumstances since the original order.

Enforcement of Court Orders

When a former spouse fails to comply with court orders, enforcement motions may be necessary. Common enforcement issues include:

• Unpaid child support or spousal maintenance
• Violation of parenting time schedules
• Non-compliance with other decree provisions

Courts have various tools to enforce compliance, including wage garnishment, asset seizure, and even contempt of court proceedings.

Professional Legal Representation Is Key

Contested motion hearings involve complex legal procedures and strict deadlines. Courts expect proper legal formatting, adherence to procedural rules, and compelling legal arguments. Self-representation often leads to missed opportunities and unfavorable outcomes.

Atticus Family Law brings decades of family law experience to your case. We understand how judges evaluate evidence, what arguments can prove most persuasive, and how to present your case in a compelling manner.

Working with our team means you have advocates who understand both the legal and emotional challenges you face. We’re committed to achieving fair outcomes while supporting you through what we know can be a difficult process. Contact Atticus Family Law today to schedule a consultation and take the first step toward finding resolution for your family law matter.