Enforcement of Orders Lawyers
After a court order is entered, it may be necessary to enforce the terms of that order if one party refuses to comply with the terms mandated by the court. One of the most frequently enforced obligations from a prior court order is the requirement to pay child support. Child support is enforceable by contempt, which may require one party to pay the other party’s attorney’s fees for the enforcement action or may require the party to be incarcerated until he/she makes a significant payment toward the support obligation frequently called a “purge.”
Support Enforcement Lawyers
When enforcing child support, it may also be effective to request the child support be paid by Income Deduction Order when available. An income deduction order will be served upon the payor’s employer and require the employer to pay the child support directly to the payee or the State Disbursement Unit who will then make the child support payment to the payee. An income deduction order will not be available when the payor is unemployed and may not be available if the payor is self-employed.
When child support is paid through the State Disbursement Unit, the Department of Revenue, Child Support Enforcement division, may initiate an enforcement action or seek to suspend the payor’s driver’s license before requested by the payee. However, when the Department of Revenue has not moved forward with an enforcement action, the payee may seek enforcement through the court system.
Spousal Support Enforcement
Another obligation frequently enforced from court orders is the requirement to pay alimony (spousal support). Like child support, alimony is enforceable by contempt.
Other than support obligations, other requirements are enforceable from divorce judgments. However, there are different remedies to enforce obligations that are non-support related. Sometimes the terms of the prior order or agreement will dictate the enforceability of the order and/or the remedy that is available for enforcement. For example, a prior order or agreement may have a “prevailing party” provisions that requires the losing party to pay the attorney’s fees for the party who prevails or wins at the hearing. Other times, a prior order may dictate what will happen in the event that an obligation is not followed from a prior court order.
If you have a court order that needs to be enforced due to the non-compliance of the opposing party, contact one of the family law and divorce attorneys at the Law Office of Silverman Mack & Associates to find out what legal remedies are available to you. We offer a free consultation to discuss your case. Simply contact our office and let one of our attorneys help you to determine the best course of action for your case.