Enforcement

What is an Enforcement?

When a party has not complied with a portion of a previously rendered order, you can ask a court to compel the other party to act in accordance with the order. You can also ask the court to punish the other party for their non-compliance by asking for sanctions. Sanctions can be in the form of a financial penalty , jail, or probation.

What Type of Things Can Be Enforced?

If you have recently gotten a divorce and the other party has not complied with a term of the order, such as the listing or selling of a property, paying spousal maintenance, or turning over certain items, you may want to speak to a lawyer about a possible enforcement suit.

If you have a prior order that sets up for possession and access but the other party is not allowing you to see your child(ren) then you may want to find out more about whether filing an enforcement is the appropriate route you want to proceed with.

If there is a prior order for child support and the other party has not been paying their support, this may also be another reason to consider filing for an enforcement.

Every order is different, and each set of facts is different, so it is important to speak with a lawyer about the facts of your case in determining whether you want to proceed with an enforcement action.

What if the Enforcement was Filed Against Me?

Enforcements should be taken seriously. Often when the motion for enforcement is filed the other person is seeking some type of contempt, which may include a request for jail time. You also may be liable for the other party’s attorney fees if you are found in contempt, which if are not paid could open you up to yet another enforcement action.

If you’ve been served with an enforcement you should speak with a lawyer who can advise you of your rights, any affirmative defenses, and can better asses the defense of your case.