Post Judgment Enforcement Attorneys in Long Island
Assisting Nassau and Suffolk County clients enforce court orders
When a divorce or family law matter is resolved, the appropriate court will issue an order that is legally binding. An order by the court requires an individual to do or cease doing something. Courts issue orders that deal with a range of topics. In divorce and family law cases, they usually revolve around:
Unfortunately, there are times when one party may not comply with the court’s order. In these cases, the other party may have no choice but to ask the court for assistance with enforcing the original order.
Violation Petition explained
Sometimes, an order for child support and custody, spousal maintenance, or division of assets is violated. A spouse may request the court’s assistance through an enforcement petition or “violation petition” in the family court in the county where they reside. The court must establish a willful violation. In the case of child support, a sworn testimony as to the non-receipt of ordered payments is evidence enough to establish a willful violation. It is the burden of the defendant of the petition to demonstrate why they are unable to comply. They must demonstrate overwhelming evidence as to why they cannot comply in order to avoid a willfulness finding.
Contempt of court applies to New York court orders
When a person does not comply with court orders, they might be found in “contempt of court”. Sometimes referred to as “contempt”, it describes the offense of being defiant or disrespectful towards a court of law and its officers. If a party is found guilty of contempt, a punishment can be issued appropriate to the offense. Depending on the particular situation, this can include fines, revoking licenses, and possible jail time.
Long Island child custody and visitation order enforced
Sometimes, a family court will give custody and visitation rights to one party and the custodial party ignores the court order. In these cases, there is no money exchanged and the enforcement of the order can be complicated. If the custodial parent violates the order allowing the other an appropriate custody and visitation schedule, they may have the order overturned as punishment for their action against the court. This violation can also constitute contempt of court for refusing to follow the judge’s order.
Child support order enforcement
Child support is usually a large part of a family court case. Both parents are responsible for their part in supporting their child till the age of 21. Usually, the noncustodial parent will pay more for child support. When a payer ignores a court order, there are a few options for the court to enforce the law. In most cases, the court can authorize the Support Collection Unit (SCU) to garnish wages straight from their paycheck, order a lump sum payment, and other strategies to help the payee recover what is owed. The violator may also be held in contempt of court and appropriate punishments may apply.
Spousal support order enforcement
Similar to child support enforcement, New York courts will help payees recover support from court order violators. If the case involves children, the SCU can help the payee recover both child support and spousal maintenance. If children are not involved, SCU may not be utilized. The court system is still authorized to help enforce the law. An income execution is an enforcement order that mandates the employer of the payer to deduct the support and any arrears from his or her paycheck and send money straight to the payee. An attorney can help their client through this process. The court also has the authority to order the employer to garnish wages. Similar to other cases, there could be punishment for being found in contempt of court.
Division of marital property enforcement
Marital property division is an important topic in any divorce. Both parties have emotional attachments to their shared property and it might be overwhelming to relinquish marital items. New York courts equitably divide property according to what is fair and just to the couple. Similar to the case of child custody, if a person defies the court order, the court can adjust the award in favor of the complying spouse or find the person in contempt of court.
Contact our Long Island attorneys to protect your rights
The Pollack Law Firm, P.C. has the persistence and dedication needed to be sure our clients are awarded what the court has ordered. Our Long Island attorneys will work tirelessly to come to the best possible conclusion for your situation and continue the commitment in order to see our clients get what they deserve. If your spouse has ignored a court order, we will use all legal means to enforce the law. Call us today for a consultation.