Many spouses and parents believe that once they obtain a court order regarding their divorce, child support, or other family law matter, the conflict is over. Unfortunately, this is not always the case. The other spouse or parent may fail to adhere to the terms of the court order.
If this happens, then enforcement may be the next step. Enforcement adds teeth to what the judge orders and helps ensure that both parties do what is required of them. The Saul Law Firm, LLP is here to help with your enforcement matter.
Why You Need an Enforcement Attorney
Court orders are not suggestions; they are binding decrees that obligate both parties in a family law matter to do (or not do) certain things. However, many parents and spouses who are parties to these cases don’t see it this way. This is where enforcement becomes an issue.
Although Garden City judges expect parties to abide by their orders, they don’t immediately enforce them in most cases. A spouse or parent who believes the other party is violating the order must take additional steps to enforce it.
Enforcement is not about trying to cause problems for the other party or seek revenge. It helps put an end to, and sometimes punish, repeated and deliberate refusals to obey an order. Without enforcement, you won’t enjoy your rights and privileges established in the order.
Common Family Law Situations in Garden City Requiring Enforcement
Any violation of a family court order may open the door to enforcement proceedings. But certain issues tend to be more prone than others to lead to further legal action. Some examples include:
- Failure to pay child support: Parents often pay support late, if they pay it at all, or pay the incorrect amount. Many of them try to work around the terms of the order, for instance by giving a gift to the child and then deducting the monetary value of it from their next payment.
- Failure to pay spousal support (alimony or maintenance): A spouse may feel bitter about the divorce or have such animosity that they refuse to pay alimony. But if the court orders it, that spouse has the legal duty to pay it.
- Violating the child custody or visitation order: Refusing to let the other parent visit or communicate with the child, consistently dropping the child off late, and berating the other parent in front of the child are common violations of court orders.
- Violating property and debt division orders: Judges also issue orders pertaining to equitable distribution of marital property and debts. Refusal to turn over property to the other spouse, failure to pay debts, and depleting marital assets are frequent enforcement issues.
What Steps Should You Take to Enforce the Order?
The specific actions you will need to take to enforce the court’s order will depend on various factors, including the severity of the violation and its consequences for you or your child. Some examples of the steps you can take include:
- Corresponding with the other party or their lawyer: Your family law attorney may send a letter or other communication to the violating party, informing them of what they have done wrong and how to correct it. Often, this is enough to convince the other party to comply.
- Petition to enforce the order: The petitioning party may ask the court to enforce the current order and impose additional remedies. For example, a parent may ask for extra time to make up for missed visitation, plus a requirement for the violating party to pay their court costs and attorney fees for having to take action.
- Motion for contempt: You may file a motion asking the court to hold the violating party in contempt of court. You must prove the other party knowingly and willfully violated the order. The judge may impose sanctions, wage garnishment, and sometimes even jail time as relief.
- Motion to modify the previous order: Although a modification is not technically enforcement, it is common to ask for one to account for the other party’s repeated violations of the original order. You must show that a substantial change in circumstances has occurred since the order was first entered.
How a Garden City Enforcement Attorney Can Help You
Enforcement is an often complex process that will require patience. But with persistence, and the right legal counsel, you can compel the other party to do what the court has ordered them to do. Our experienced Garden City family lawyer can help you by:
- Investigating the violation and obtaining evidence to prove it
- Communicating with the violating party and their lawyer to seek a resolution
- Determining creative solutions for remedying the violation
- Filing a court petition or motion for stronger court action, if necessary
- Asking the court to modify the previous order if the circumstances allow it
- Handling all filing, service, and other civil procedure requirements
- Applying our extensive knowledge of New York family law to your case
- Representing you in all court proceedings related to enforcement and other matters
- Taking other steps that may be necessary to enforce the order
Contact Our Garden City Family Law Enforcement Lawyer
You deserve the peace of mind of knowing that once a judge issues their order, the other party will obey it. If this is not happening in your case and you wish to explore enforcement options, get in touch with The Saul Law Firm, LLP. We can schedule your confidential consultation today.
Frequently Asked Questions About Family Law Enforcement
What’s the difference between civil contempt and criminal contempt?
While civil contempt is designed to compel a violating party to comply with a court order, criminal contempt punishes the party for a violation. Which type of contempt you should ask for depends on factors like how severe the violation is and whether there is a history of violations.
Do the police enforce custody orders?
Yes, but they often only intervene if there is a clear threat to the safety of the child. For example, if you know the other party is driving while intoxicated and has the child in the car with them, you should call the police. For less serious violations, the civil courts are likely the better option.
Will the court require the violating party to pay my attorney’s fees and court costs?
Judges in Garden City have discretion to award attorney’s fees and court costs that a party incurs by having to go to court to enforce an order. Your lawyer can explain how this works and how to obtain an order compelling payment of these expenses from the violating party.
Does my enforcement matter have to go to court?
No, and in fact, many enforcement issues are resolved without the need to take extensive legal action. For example, your attorney can send the violating party a letter warning of additional action if the party does not comply. This is often enough to resolve the situation.
But even if you have to file a court motion, it’s possible to address the issue without a trial. This often happens in mediation, which could be a useful procedure especially if you are trying to modify the previous order. We can represent you during the mediation process.