As life goes beyond the finalization of a divorce or the establishment of child custody orders, circumstances may change. In this event, you may encounter a situation where the other side is not complying with the existing orders, or you are being accused of not being in compliance. In these circumstances, it is important to have competent representation in order to formally enforce these existing orders or to defend yourself against inaccurate allegations.
Enforcing Possession & Access / Child Support
After a divorce or custody order is set in place, it is the responsibility of both parties to abide by the set regulations for child custody, child support, visitation, spousal support, and anything else covered in the order. Ideally, both parties do exactly what was agreed upon, however that is not always the case. It can be extremely frustrating when your ex-spouse is not following the court orders that were put in place. If one party does not live up to these orders, the other spouse has the option to seek legal action against them. At Law Office of Ian Michael Kuecker, PLLC we have helped numerous individuals exercise their right to enforce their court orders after a divorce and/or custody order. If you have found yourself in a situation where your ex-spouse or co-parent is not following the court orders as directed, our firm would be happy to help you enforce them.
There are several ways that a conservator or ex-spouse could break a court order. Some of the most common ways include, but are not limited to when individuals:
- Stop paying support — child or spousal
- Violate visitation agreements
- Relocate without permission
- Move outside of a geographical restriction
- Pay less than the set amount of support
Potential remedies available upon a successful enforcement can include additional time with your child (make up time for denied possession), a money judgement for unpaid child support or medical support, recoupment of attorney's fees and costs incurred in filing the enforcement suit, fines taxed against the party in violation of the order, and even jail time for contempt.
If your ex-spouse refuses to pay child support or spousal support or violates the court order, our experienced family lawyers can help. We understand the various forms of action that can be utilized in helping you enforce your order. Filing a motion to enforce is a good place to start if you are needing court intervention to enforce your current order. Your attorney may also consider filing a motion to hold your ex-spouse in contempt for not following the orders. If the judge finds the ex-spouse in contempt, they could be ordered to pay a fine, spend time in jail, or a combination of the two. In the event you are owed child support, the other parent may be held in contempt of court and a hearing will be set for him or her to explain why the support has not been paid. If the supporting parent does not show up to the hearing, he or she may be issued a warrant for their arrest which could result in jail time. While the goal of the action is to get the other party to follow the order that is already set in place, jail time can be sought as a last resort. The threat of jail time can be highly motivating for your ex-spouse to get their things in order and start following the court order as they should be. This legal action can help you receive the money owed to you to support your children and force the other parent to abide by the court order.
Enforcing Property Division
Another way your ex-spouse may violate the divorce orders is to refuse to return any property to you that is rightfully yours or refuse to divide, as ordered, the proceeds of any property that was sold. The Law Office of Ian Michael Kuecker, PLLC can help you enforce what was set out in the order regarding your property. While we hope that your ex-spouse cooperates and abides by the order, we are happy to help if they have become difficult and are not dividing the property as lined out in the decree. We know how frustrating this can be, and are happy to help you achieve your goal of obtaining what was rightfully yours.
Law Office of Ian Michael Kuecker, PLLC has the knowledge and know-how to guide you through the legal process to enforce your court order. We work to aggressively pursue a positive outcome because we understand what these court orders mean for you and your family and how important it is that they are enforced. They help you and your children live a comfortable life. It is imperative for us to put our client's interests at the forefront of all we do. We can help you maintain these support payments or help enforce any other part of the order that is not being followed. It is very beneficial for your case if you can document how your ex-spouse is not following the order. It is also helpful to make sure that you are abiding by the order completely.