Enforcement of Court Orders
Divorce is often very difficult for all parties involved, especially when young children are involved. After everything relating to the
divorce has been completed, the enforcement of orders from the court may be its own separate issue, requiring the help of an experienced divorce lawyer. In order to enforce a court order, you can petition the family court to enforce the order and secure the other party's compliance. Usually, court orders will be enforced by finding a person in "contempt" of that court order. The judge may then order that person to pay a fine or send them to jail. If the court order is not clear or specific enough, the court can clarify the order and give the party another opportunity to obey it under the new clarifications.
Power of Contempt
Contempt of court is a powerful resource used by attorneys and courts to remedy the failure of one person to abide by preexisting court orders that were established on their behalf. This method is often used in instances of divorce that require dual party agreement and follow through. For example, when child support or spousal support is not made as it is mandated to be contempt of court can be made to rectify the problem. Inherent to a court's power is the ability to punish when contempt arises, hence giving it the name "contempt of court."
When enacted correctly, contempt of court will be used to punish the party that is guilty of violating his / her legal responsibilities. Whether through abuse, misconduct or something else, a direct violation that is made against an existing court order is cause for legal action, and contempt of court is the action that is most often taken. This can manifest in contempt for failure to make ordered payments and several other versions that are unique to the situation at hand. In certain cases, the punishment for contempt could be jail or prison time.
Extreme cases of contempt could result in a host of penalties, some of which include confinement in jail for at least six months and hefty fines. Per violation, a person could be fined up to $500. Additional fees might be charged to cover the cost of appearing in court and the expense of hiring legal representation. An ex-spouse who is unwilling to cooperate with the conditions of his / her divorce agreements should immediately be taken to court under the representation of an attorney. Together, you and your lawyer can actively work to have the situation rectified and the orders enforced.
Help Enforcing a Child Support, Child Custody or Spousal Support Order
Once a divorce has been completed, there are court orders and legal agreements which will be set in place and expected to be adhered. Such things as property division,
visitation rights and
alimony must be complied with according to the mandates made in the divorce settlement. There may also be a circumstance where a post-divorce modification is called for because of a life development such as job loss, relocation or something else.
If there has been a history of domestic violence, the orders resulting from the divorce case can require specific enforcement. Any of these circumstances necessitates an attorney to help you achieve the most favorable outcome for your needs as well as those of your children. The emotional stress connected to divorce and any necessary post-divorce relationship (such as child custody, visitation or alimony), make it even more critical to have an aggressive and persistent attorney on your side.