What can I request an enforcement order for?
Often times during a divorce, the court will make a judgment regarding one of the contested matters at hand. Not all matters in a divorce are contested but when a couple can not agree on something, the judge will rule on their behalf. When the court does issue an order, the parties involved are legally required to follow the rules of such order. Court orders are generally issued for matters regarding child custody, spousal maintenance, child support, child visitation or the division of marital property.
If one of the individuals fails to cooperate with the judgment that they are legally bound to according to the court, they will face serious repercussions. Failure to comply with a court order is a violation of the law. If an individual fails to follow a court order, the other party involved (such as an ex-spouse) may want legal assistance in enforcing the order. To do so, the spouse who wishes to enforce the order would file a violation petition in the family court of his or her county of residence. Then, the individual would have to fulfill the burden of proving that the other person is willfully violating the judgment. If they are found to be violating the judgment, the court may consider a range of consequences depending on the severity of the matter.
The court may consider garnishing wages, revoking a driver’s license, order a lump sum payment, adjust a property award, hold them in contempt of court, or even order jail time. If you need assistance enforcing a court order, contact an experienced family law attorney who can provide you with assistance.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.