Order Enforcement
You finalized your divorce and now the other parent will not comply with the Court Order. Whats next? Sometimes post divorce disputes require order enforcement by the Court. There are several methods for order enforcement through the Court. Violations of the court orders are oftentimes brought before the court through a Motion for Contempt or a Motion for Enforcement. Both methods can hold the other party accountable for violating a Final Judgment of Dissolution of Marriage or other court order.
Violations of the Final Judgment
Dealing with a parent who constantly violates the Court’s Final Judgment or other Order is frustrating. When pursuing a post judgment matter, the Court has several methods it can utilize to coerce compliance with the Court’s Orders. Depending on the circumstances, this can include incarcerating a party and ordering a purge they must pay in order to be released. For violations of time-sharing orders, the Court can even order a parent to attend parenting classes or perform community service if they are found in violation.
What is Contempt of Court
There are several types of contempt of court, both in the context of civil and criminal litigation. Most often, Contempt of Court in the context of family law is when the Court finds a litigant willingly violated the Court’s order. The violations range from refusing to exchange children for custody purposes, paying spousal support that was ordered, or even selling and refinancing real estate.
Ensuring Compliance
Most Judges take compliance with their orders very seriously. Order enforcement due a flagrant violation of a Final Judgment of Paternity or other court Order oftentimes requires one party to spend attorneys fees. The Court can order a party to pay the others attorney’s fees and costs if they loose an order enforcement matter. This helps many litigants receive justice when they are required to file a claim due to the other parents conduct. Being Ordered to pay attorneys fees due to violations also coerce non-compliant parties to comply with orders.
Should I file an Order Enforcement Case?
The specific terms of the order are important to consider when filing an post dissolution or enforcement claim. Apply the facts of the case to the specific language of the order or decree is important. Oftentimes it is the language of the Court’s order that will determine whether someone can be held in contempt of the Court’s order. Discuss with your attorney what violation occurred and whether the order can be successfully enforced.