Often, it becomes necessary after a divorce to enforce court orders related to child custody, child support, or alimony. Parents are not allowed to stop paying support because the other parent has not allowed them to visit with the child. Similarly, a custodial parent cannot withhold access of the child because the other parent is in arrears on child support. Instead, an enforcement proceeding should be brought with the help of an experienced Rio Rancho divorce lawyer. It may be appropriate, for example, to request an order for contempt of court.
Enforcement Of Court Orders
Sometimes, the divorce is not mutual and conflict persists. Under such circumstances, a lot of complications might arise which force one of the parties to seek enforcement of a court order. Here are some of the most common issues that come with a divorce proceeding.
- Sometimes, debts are assumed by one party to the divorce. If, after the divorce, the responsible party is not paying their obligations, you can bring a petition to enforce the divorce agreement.
- If the divorce decree requires your ex-spouse to return property or assets and he/she is not complying with the order, you can file a motion to enforce the divorce agreement.
- If your ex-spouse is not complying with the title transfer of the property, you can bring a motion to enforce the divorce agreement.
- There are times when your ex-spouse may not pay you the required alimony as ordered in the divorce decree. In such circumstances, you can bring a motion to enforce the divorce agreement.
Enforcing Orders For Child Support
Parents have an ongoing duty to financially support their children, and this duty continues after a divorce or separation. Once the child support has been established by a judge, the noncustodial parent must pay child support to the custodial parent. If the parent refuses to obey the child support order and fails to pay the full amount of child support required, then the parent may face severe penalties.
Legal Steps For Filing To Enforce a Child Support Order
- The first step is the review of the final divorce decree and the orders from the court to understand the terms and conditions of the divorce, custody, or child support proceedings.
- If possible, try to negotiate with your ex-spouse or co-parent and reach am agreement. If that’s not possible, then filing a Motion to Enforce may be your only option. .
- Hire an experienced family law attorney to ensure everything is done without any complications.
- You must correctly state your reason for your Motion to Enforce and why you feel that your ex-spouse or co-parent is violating the court’s order.
Why Choose Lovato Law?
At Lovato Law, P.C. you will have the opportunity to discuss your legal issues with an experienced attorney who will listen to everything you have to say in order to provide the best solution. At Lovato Law, P.C. we ensure that no matter how difficult the situation, you will be treated fairly and professionally by us, the courts and the other parties involved. We will guide you through your legal issues providing clarity and understanding of the process.