Practice Areas

Enforcement

If there is a final order in place, all parties to that order must comply with the terms of that order.  If a party does not comply with the terms of an order, the other party affected by that order can seek enforcement of the terms that are not being followed.  For example, if a parent who is ordered to pay child support is not making payments per the order, the parent who should be receiving the child support may file an enforcement action.  This means that the parent asks the judge to hold the delinquent parent in contempt of court and make that parent follow the support order and make the required payments. The Judge may also fine the delinquent parent or put him/her in jail.

Other types of enforcements that can be filed include enforcement of possession and access or decision making regarding the children.  In addition, property divisions set forth in previous orders may also be subject to enforcement actions in some circumstances.

Enforcements can be quasi-criminal in nature and therefore are extremely detailed and technical.  It is important to be as prepared as possible in both bringing an enforcement action, as well as in defending against one.