What Does It Mean to Enforce a Family Court Order?

Once a family court enters an order, the parties are generally required to follow its terms. Problems can arise when one person refuses to comply, repeatedly ignores their obligations, or interprets the order differently from the other party. We’ve heard countless client stories of frustration with the other party’s lack of caring, lack of adherence, or just plain spiteful revenge in the form of trying to skirt and push a family court order to it’s limits. Don’t let this be you.

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Signs You May Need to Enforce a Family Court Order

Not every disagreement requires immediate court action. Sometimes, misunderstandings can be resolved through communication between the parties or their attorneys.

However, enforcement may become necessary when violations are repeated, intentional, or significantly affect you or your children.

You may want to speak with a family law attorney if the other party consistently refuses to follow the order, owes substantial unpaid support, prevents parenting time, ignores financial obligations, or has made it clear they do not intend to comply.

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Is It Time to Enforce Your Court Order?

  • Repeated Parenting Time Denials
  • Missed Child Support Payments
  • Unpaid Maintenance
  • Failure to Transfer Property
  • Ignored Financial Obligations
  • Refusal to Cooperate
  • Informal Efforts Have Failed

What Can the Court Do?

Ordering Compliance

Require the party to perform the obligation stated in the existing order.

Payment of Past-Due Amounts

Require the payment of unpaid support, or other financial obligations.

Make-Up Parenting Time

Provide additional parenting time when previously ordered time was improperly denied.

Setting Deadlines

Establishing specific dates for completing required actions.

Attorney’s Fees and Costs

Require a non-compliant party to contribute towards fees caused by enforcement action.

Contempt Findings

The court may find a party in contempt when the legal requirements for contempt are established.

Do You Need to Enforce or Modify the Existing Order?

Enforcement and modification solve different problems.

Enforcement generally asks the court to make someone follow an existing order.

Modification asks the court to change the existing order because circumstances have changed or the current arrangement in no longer appropriate.

For example, if a parent if refusing to follow the existing parenting schedule, enforcement may be appropriate. If the existing schedule itself no longer works because circumstances have changed, a modification may need to be considered.

Always Document Violations of a Family Court Orders if They Involve:

  • Text messages and emails
  • Parenting-time calendars
  • Child support payment records
  • Bank statements or payment receipts
  • Records of unpaid shared expenses
  • Written requests for compliance
  • Records of missed exchanges or parenting time

Legal Help Enforcing Family Court Orders

1

Reviewing Court Orders

Review your divorce judgement, parenting plan, or other family court documents.
2

Identifying Violations

Determine whether the other party's actions may violate the terms of the existing court order.
3

Gathering Evidence

Organize messages, payment records, calendars, and other documents.
4

Communication with Other Party

Work with the other party or their attorney to resolve issues before court action is needed.
5

Filing Enforcement Motions

We can prepare and file motions or petitions asking the court to enforce orders.
6

Addressing Unpaid Support

Assist with enforcement involving unpaid child support, and other financial obligations.
7

Representing You In Court

Advocate for you at enforcement hearings, contempt proceedings, and other related matters.