It is important that court orders are followed. Failure to comply with a court order may result in sanctions being imposed against the party violating the court order. Unfortunately, in some circumstances, enforcement proceedings may be necessary to realize the relief that was previously ordered.
While the Friend of the Court plays an important role to track and collect child support, to enforce the sharing of healthcare or childcare expenses for a child, or to make sure that the non-custodial parent receives their parenting time, the FOC enforcement process can be lengthy, and a considerable amount of time may pass before the wrong is rectified. Delay of enforcement can have long term consequences that are not easily repaired.
To avoid damage to the parent-child relationship, we are frequently asked to quickly step in and take prompt action to enforce parenting time orders. We are also here to help obtain from the other party their share of the uninsured healthcare expenses, past due child support or reimbursement of work-related childcare expenses.
When parties have chosen to opt out of Friend of the Court services, the party who is not receiving support must file enforcement proceedings to secure compliance by the other party. Compliance may include obtaining an income withholding order, which would take the payments directly out of an employee’s paycheck. It might also include interception of a state or federal tax refund. To obtain FOC help with enforcement, it would be necessary to opt back in to FOC services. Opting back in to FOC services is not necessary however if enforcement is done privately through our office.
There is a myriad of ways in which a party could violate the terms of a judgment of divorce or an order. From failing to transfer retirement assets, failing to exchange personal property, failing to refinance or remove the other spouse from a debt obligation, the list goes on. If your former spouse is violating a court order, our attorneys are prepared to help you enforce it.
A show cause motion can be submitted to the court, which will then be set for a hearing before a judge. This motion requires the other party to explain to the court why they are violating a court order. While there may be reasons which justify the violation, more commonly the court will enforce its orders. When a party refuses to follow a court order, our team is here to help you obtain compliance with the court’s order, and seek any appropriate relief necessary.
It can be frustrating dealing with a co-parent or ex-spouse that does not play by the rules. At Wilson Kester the Empowered Divorce Source, our attorneys are familiar with the variety of methods available to enforce court orders and to obtain compliance. Let us use our creativity and experience to help you get what you are due.