ENFORCEMENT
Enforcement of Orders
Once a divorce is finalized and approved by the court, the terms of the divorce decree become legally binding. If your ex-spouse fails to meet his or her legal obligations, enforcement attorneys can help you seek the necessary enforcement through the courts. Indeed, finalizing a divorce takes time and effort for everyone involved. Divorce proceedings are intended to provide the divorcing spouses with certainty as they move into the future and the next phase of their lives. Finalizing a divorce means determining child custody and support, separating finances, equitable distribution of property, and more. Consequently, the court does not take it lightly when one former partner fails to meet his or her obligations. People can seek judicial intervention to compel their ex-spouses to follow the terms of their divorce through an “enforcement action.” If this kind of situation has happened to you, a family law attorney with extensive experience can help to determine if filing a motion for civil contempt or enforcement is the appropriate action for you to take.
Filing an Enforcement Action
If the terms of your divorce need enforcing, lawyers can help you file your enforcement action with the court. Seeking an enforcement order requires following strict procedures and can become quite complicated. Your family law attorney will be with you every step of the way, guiding you to the favorable outcome to which you are entitled. Attorneys represent clients in all kinds of enforcement actions, including:
Child support
Child support court orders typically specify a monthly payment amount and names the end date of support payments, as well. If your ex is not paying sufficient child support or has stopped paying it), an attorney can help you enforce his or her obligations.
Spousal Support
A final divorce decree should state the terms of any spousal support (alimony) the parties agreed upon or was court-mandated. Spousal support obligations can be enforced through the courts.
Time sharing
You and your ex-spouse established a parenting plan in your divorce settlement that establishes your respective rights regarding visitation and custody. If your ex is not following the terms of the parenting plan, a lawyer can help you enforce your parental rights.
Failure to transfer property
Your spouse may have agreed to transfer a property into your name as part of the equitable distribution of property in your divorce. This could include the house, parcels of land, vehicles, boats, and other assets. If your ex refuses to cooperate or doesn’t respond to your attempts to complete the transfer of the property as required, your lawyer can take your ex to court to enforce your rights.
Enforcing an Ex-Spouse’s Obligations After a Divorce
Family law attorneys can also defend you against your ex-partner’s enforcement actions. Your ex might be overreaching. Therefore, you could have a legal justification for failing to comply with your divorce agreements. Whatever your situation, a lawyer can help to protect you in court. However, in many cases, former spouses are merely no longer able to meet the agreed-upon obligations. If you had to relocate, lost your job, or experienced any other significant life changes, your family law attorney may also help you seek to modify the terms of your divorce.