Is Enforcement Of A Family Court Order Common In Contested Divorce Cases?
Enforcement of a family court order in a contested divorce case is relatively common in New York. Hopefully, if the settlement agreement is done correctly and the parties agree, they’re not forced to return to court. However, that’s not always the case.
The most common enforcement application is related to money. Often, one parent owes child support because they fall behind on payments, lose their job, or refuse to pay. In this case, you must file an enforcement case if they fail to submit their modification application.
Filing an enforcement application due to money is more common than enforcement around custody, visitation, or property. However, custody and visitation enforcement actions do happen.
For example, suppose your ex-spouse withholds a child in joint custody cases. In that case, you could file for enforcement because your ex isn’t following the agreement. Instead, they decided to make decisions independently or eliminate the other party from the decision-making process. In this case, you must file an enforcement or modification application.
Sometimes, applications are filed relating to property or assets that were part of a divorce decree. This could be the case if your ex-spouse was supposed to pay you money, transfer ownership of a house, or transfer investment accounts or retirement accounts, but they failed to do so.
In this situation, you must file an Order to Show Cause, which is a motion for the court to enforce that divorce decree. What’s more, if your ex-spouse is found to have violated a family court order, they generally must reimburse your attorney’s fees.
What Are Some Of The Most Common Violated Court Orders In Contested Divorce Cases You See?
As stated above, many violations are due to money: spousal or child support is the most common. You can also have enforcement cases arise due to custody and visitation issues, or property and assets.
If your family court orders came from a Judge’s decision, there will be different considerations than family court orders that came from a settlement. This is because there are often provisions in settlement agreements that line out what happens when a person violates the agreement.
For example, many settlement agreements require the parties to go to a mediator to resolve their issues before turning to the court to file an enforcement order.
Because of this, it’s crucial to go over your settlement agreement, and even to have a consultation with a divorce attorney), before you take any enforcement action in court. This can save you lots of time, headache, and money.
If your family court orders are not the result of a settlement agreement, but came from a Judge’s decision, you can’t be ordered to go to mediation to enforce the order. In this case, you will need to comb through the Judge’s orders to make sure that you are fulfilling the terms that are lined out within them. As with any review like this, the best way to do this is to consult with your attorney beforehand to ensure you are taking the action that can result in the fastest and most ideal results.
With the guidance of a skilled attorney for Family Law In New York, you can know that the Law Offices of David Bliven will make it look easy.
For more information on Enforcing family court Orders in Contested Divorce Cases In New York, an initial consultation is your next step. Get the information and legal answers you seek by our office today at (347) 797-1188 | (914) 362-3080.