When the court approves of decisions that are made throughout divorce and family law proceedings, they will issue a court order. It is crucial to know that these orders are considered the law and therefore are required to be followed. However, there are many cases in which one a former partner or parent to a child does not abide by the order and chooses to ignore it. When this happens, there are ways that it can be enforced. Continue reading below to learn more and contact an experienced New York attorney for assistance during this time.
When is a Court Order Violated?
There are a variety of different kinds of court orders that can be issued in New York. When dealing with matters of divorce or family law, these can be in regard to child custody, child support, visitation, alimony payments, and equitable distribution of property. If one party does not hold up their end of the agreement, it is considered a violation of the court order. This may be in the event of the following:
- The child’s other parent is not following a visitation plan
- Child support or alimony payments are not being made
- The former spouse is disobeying court orders regarding the division of property
- Penalties for contempt of court/Being accused of contempt of court
How is a Court Order Enforced?
When one person is not in compliance with a court order, there are ways to try and handle the situation on your own. This can be done by speaking with them about the order to try and get them to do what they are supposed to. However, this is easier said than done and it does not always work. In these situations, a judge can legally enforce the order. This can be done by filing a complaint with the court. If the individual still chooses to violate the order, they can be held in contempt of court. This means they deliberately acted against the court’s orders. There are a variety of different methods that can be used to enforce a court order, such as the following:
- Wage garnishment
- Property liens
- Suspension of drivers’ licenses
- Temporary receivership
Contact our Firm
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.