Enforcement of Orders
As we’ve established over this blog series, things are always changing and sometimes these changes cannot be anticipated. When it comes to sharing custody of children, schedules can often change and compromises will have to be made. Sometimes people’s employment and financial circumstances change and support orders for child support and spousal maintenance need to be re-examined and modified. Modifications based on such changes in circumstances are all well and good, but what happens when there isn’t necessarily a change of circumstances but simply one party is not following the orders and you just need them to abide by the current Court orders?
To enforce the division of properties or other issues that occur during divorce and custody proceedings, a Petition to Enforce or a Petition for Contempt will take you back to your assigned Judge in family court to enforce its orders. It is important to note however, that some Decrees may have a provision that requires the parties to attend mediation before filing such a Petition to Enforce. That provision must be met, barring any exigent circumstances or instances involving domestic violence between the parties. Unfortunately, we cannot always count on life after divorce to be amicable, and while the Court and its orders may instruct the parties to work together or in good faith, that does not necessarily guarantee they will. Sometimes the only option is going back to Court to enforce the orders. Going about this alone is a daunting task, and having an experienced attorney to fight for you can help tremendously.
If you find yourself or a loved one are looking to enforce a current order and need the advice and counsel of an experienced attorney, please call OWENS & PERKINS at 480.630.2464 to schedule your free 30 minute consultation.