Enforcing Your Legal Rights When Court Orders Are Violated
A court order is not a suggestion—it's a legally binding directive that carries the full weight of judicial authority. Unfortunately, even with this authority behind them, court orders in family law cases are sometimes ignored or deliberately violated. When this happens, you need an experienced attorney who understands enforcement mechanisms and can help you hold the non-compliant party accountable since Judges will not enforce their own orders.
At our firm, we specialize in helping clients enforce court orders through various legal remedies, including contempt proceedings. Our attorneys bring a strategic approach to these sensitive matters, working diligently to achieve compliance while minimizing unnecessary conflict.
Understanding Contempt of Court in Family Law
What Constitutes Contempt?
Contempt of court occurs when someone disobeys a court order. In family law, contempt proceedings are commonly used to address violations of orders related to:
Non-payment of child support
Non-payment of spousal maintenance (alimony)
Failure to comply with property division orders
Non-compliance with mandatory disclosures or discovery
Failure to complete court-ordered programs or evaluations
For some contempt findings, the violation must be willful—meaning the person had the ability to comply but chose not to. Our attorneys help gather and present evidence demonstrating both the violation and its willful nature.
Family law cases generally involve two types of contempt – remedial and punitive contempt. Remedial is designed to compel compliance rather than to punish. The non-compliant party can "purge" the contempt by fulfilling their obligations. However, repeated or egregious violations may occasionally result in punitive contempt charges, which can lead to more severe penalties, including jail time.
Our attorneys explain the distinction between these types of contempt and help you understand which approach is most appropriate for your situation.
Common Enforcement Issues We Handle
Child Support Enforcement
When a parent fails to pay court-ordered child support, we help pursue various enforcement remedies, including:
Wage garnishment and income withholding
Contempt proceedings with potential penalties
Liens against property
Seizure of bank accounts
Working with child support enforcement agencies
Our attorneys understand the financial stress that unpaid support creates and work efficiently to secure the support your children deserve.
Alimony/Spousal Maintenance Enforcement
Similar to child support, spousal maintenance orders are legally binding. When these payments are missed, we help pursue enforcement through contempt proceedings, wage garnishment, property liens, and other available remedies.
Parenting Time and Custody Enforcement
Interference with court-ordered parenting time is a serious matter that can substantially impact parent-child relationships. We help address issues such as:
Denied visitation
Late returns or pickups
Refusal to follow the parenting schedule
Parental alienation attempts
Relocation without permission
Failure to consult on major decisions as required
Depending on the circumstances, remedies may include makeup parenting time, contempt findings, and in severe cases, modification of custody arrangements.
Property Division Enforcement
When a former spouse fails to transfer property or assets as required in a divorce decree, we initiate enforcement actions to compel compliance. This may involve:
Pursuing contempt proceedings
Obtaining Qualified Domestic Relations Orders (QDROs) for retirement assets
Seeking court assistance with property transfers
Filing property liens
Requesting wage garnishment for monetary judgments
Our attorneys work to ensure you receive all property and assets awarded in your divorce judgment.
The Contempt and Enforcement Process
Initial Case Evaluation
We begin with a comprehensive review of your court orders and the specific violations you've experienced. Our attorneys help you gather evidence of non-compliance and evaluate the most effective enforcement strategy for your situation.
Documentation of Violations
Building a strong enforcement case requires thorough documentation. We help you compile evidence such as:
Records of missed payments
Communication demonstrating denied parenting time
Documentation of assets not transferred as ordered
Witness statements
Calendar records showing pattern of violations
Financial records demonstrating ability to pay
Demand for Compliance
Before initiating formal court proceedings, we may send a formal demand letter to the non-compliant party. This approach sometimes resolves the issue without court intervention, saving time and expense.
Filing Contempt or Enforcement Motions
If informal methods are unsuccessful, we prepare and file appropriate legal motions, which may include:
Our detailed filings clearly establish the violation pattern and request specific remedies tailored to your situation.
Court Hearings and Presentation of Evidence
During enforcement hearings, our attorneys present compelling evidence of the violations and advocate strongly for appropriate remedies. We prepare thoroughly for these proceedings, anticipating potential defenses and ensuring your case is presented effectively.
Enforcement of Remedies
After obtaining favorable orders, we take necessary steps to implement and enforce the remedies granted by the court, whether through wage garnishment, property liens, makeup parenting time schedules, or other mechanisms.
Available Remedies for Non-Compliance
Financial Penalties
Courts may impose financial sanctions on non-compliant parties, including:
Attorney's fees and court costs
Compensatory fines
Interest on unpaid support
Punitive fines for repeated violations
Compensatory Adjustments
In cases involving parenting time violations, courts may order:
Makeup parenting time
Adjustment of the parenting schedule
Additional parenting time to compensate for denied access
Supervised exchanges if necessary
Modification of Orders
In cases of persistent violations, courts sometimes modify the underlying orders to address the non-compliance pattern. This might include:
Changing custody arrangements
Modifying the method of support payment
Implementing additional oversight mechanisms
Requiring supervised parenting time
Our attorneys help you understand which remedies are most appropriate and realistic for your specific situation.
When Enforcement Intersects with Modification
Sometimes, a party violates court orders because they genuinely cannot comply due to changed circumstances. In these situations, the appropriate course may be to seek modification rather than enforcement.
Our attorneys help distinguish between willful non-compliance and inability to comply, advising you on the most productive approach. When necessary, we can handle both enforcement of current orders and appropriate modifications to address legitimate changed circumstances.
Defenses to Contempt and How We Address Them
Inability to Comply
A common defense to contempt is claiming inability to comply—such as job loss affecting support payments. We help gather evidence to counter false claims of inability while recognizing when legitimate hardship exists.
Ambiguity in Orders
Sometimes, non-compliance stems from genuinely unclear court orders. Our attorneys address this by seeking clarification from the court while still pursuing enforcement of unambiguous provisions.
Mutual Non-Compliance
When both parties have violated aspects of court orders, strategic approaches are needed. We help you address any compliance issues on your side while still pursuing enforcement of the other party's obligations.
Statute of Limitations
Some enforcement actions must be brought within specific time frames. Our attorneys ensure timely filing of all enforcement actions to prevent procedural dismissals.
Why Choose Our Firm for Contempt and Enforcement Matters
Strategic Approach to Resolution
We recognize that continued conflict rarely benefits anyone, especially children. While we vigorously pursue enforcement, we also seek solutions that promote future compliance and minimize ongoing disputes.
Experience with Complex Enforcement Issues
Our attorneys have handled numerous complex enforcement cases, including interstate enforcement matters, enforcement against self-employed individuals, and cases involving hidden assets.
Understanding of Judicial Preferences
Familiarity with local courts and judges helps us tailor enforcement strategies to align with judicial preferences and practices, increasing the likelihood of favorable outcomes.
Balanced Perspective
We distinguish between minor, technical violations and substantial non-compliance that merits formal action, helping you focus energy and resources where they matter most.
Taking the First Step Toward Enforcement
Living with ongoing violations of court orders creates unnecessary stress and instability. Our experienced attorneys provide the guidance and representation you need to address non-compliance effectively and restore order to your post-divorce or co-parenting relationship.
Contact our office today to schedule a consultation about your enforcement concerns. We'll help you understand your options and develop a strategic plan to ensure court orders are respected and followed.
