Enforcing Court Orders in Divorce Cases
After a painful process of divorce (or even an uncontested divorce) is done, the court will issue an order that binds both parties. At that point you catch your breath, begin to move on with your life and expect the other party to follow the court order.
However, it doesn’t always work like that.
If your former spouse isn’t following the order of the court, most people attempt to fix the problem on their own. They attempt to shame or threaten the former spouse. They seek advice from relatives, co-workers, and friends. Some even go so far as to “take matters into their own hands” to attempt to right the wrong that is occurring.
That is not the right method.
At this point you need to hire the right family law professional with experience in dealing with failure to follow orders by a party in a divorce. At Mitnick and Associates, we have seen it all. Our experienced family law attorneys understand the situation and the havoc created when one spouse fails to follow a court order. We empathize with our clients and will fight to make sure their hard won victory in an earlier case is actually carried out.
The court order (sometimes called a judgment or decree) provides explicit direction regarding behavior that all parties must follow. As long as it is a valid court order, there is no option to ignore it or change it due to differing opinions or circumstances. There are usually three major areas that tend to be violated. They are:
- Child Support
- Custodial Rights
- Visitation Rights
If you are facing this issue, we can file a motion that will outline what is not occurring or what is occurring that should not be occurring. After a hearing, the court can then impose sanctions on the party that refuses to comply with the court order. These sanction can range from loss of driving license, professional certification revocation, fines and even jail. In addition, the non-compliant party may be required to pay attorney’s fees and court costs.
While you may feel like you are not ready for another court battle, if you do not take action, the situation will probably worsen. Too often, the spouse that is following the court order will choose to ignore the failure of the other party in an effort to keep the peace. Or they take the other extreme and take matters into their own hands. Neither is helpful.
Call Mitnick and Associates today to let us help you enforce the court order that protects your rights, provides alimony or child support, and makes sure your child is taken care of and is allowed proper visitation with both parents.
If the failure to follow the court order is exacerbated by a move to another state, you may need to register the decree in the state where other spouse moved. Again, this is a point where you need to seek the help of an experienced family law attorney to help navigate this process.
Mitnick and Associates is ready to help you in this process. Let us help you enforce a decree. Or, if you have been wrongfully accused of violating a divorce decree, we can help show that you are not in violation of the court order.