Enforce a Custody or Support Order
When the judge issues a court order concerning a divorce such as spousal support, child custody, and child support, the parties are obligated to follow it. Unfortunately, that is not always the case. When an ex-spouse fails to pay support, ignores orders for property division, or withholds custody, the other party may seek enforcement of a court order with the help of an experienced family law attorney.
At Gill Law Group, PC, our Orange County enforcement lawyer can help you take necessary action to ensure the other party follows court orders. We can review your situation and determine the most appropriate course of action. Let us help you resolve the issue once and for all.
How to Enforce a Family Court Order
Whether your ex-spouse’s behavior is intentional or not, failure to adhere to a court order is always unacceptable. Keep in mind, taking matters into your own hands by reciprocating the wrongful acts is never a good idea.
Our court order enforcement lawyer in Orange County can start by writing a letter to the other party, urging them to follow the court order or face legal action if the problem isn’t resolved. In many cases, this tactic effectively gets the other party back on the right track. However, if the other party continues to ignore a court order, the following are a couple of ways we can take action:
- The motion of Enforcement – When you file a motion with the court to enforce an existing order, a hearing is scheduled to determine if the other party has failed to follow the order and determine how it will be enforced. If the other party continues to not comply with the court’s directives, he/she is subject to penalties, which can include jail time.
- The motion of contempt – If the other party blatantly ignores court orders, they can be held in contempt. Contempt can either be remedial to resolve the issue or punitive to punish the other party for continuously disobeying the order.
Enforce Child Custody in Orange County
A California court has the authority to make legally binding orders for child custody. However, when a parent fails to comply with such orders, the other parent may avail themselves of certain legal remedies for the enforcement of custody.
For example, a parent can sue the other parent for damages and injunctive relief for the wrongful interference of their custodial rights per the terms of the court’s order. A non-compliant parent may also be held in contempt of court for failing to adhere to the terms of a custody order. The consequences for contempt may include steep monetary fines as well as jail time.
Child Support Enforcement in Orange County
A parent’s child support obligations are considered legal duties that arise from the parent-child relationship. As such, California law recognizes powerful tools that provide a parent who is owed child support with legal recourse. For example, a parent who is entitled to receive child support payments may garnish the non-compliant parent’s wages, get the court to suspend their driver’s license, and even hold them in contempt of court for violating the court’s orders.
Enforce Spousal Support in Orange County
Spouses have a legal duty to provide each other with adequate financial support as well. However, unlike child support, spousal support orders depend on the marital status between the parties. Although the legal foundation for spousal support may be different, the methods of enforcing a spousal support order are similar to those concerning child support enforcement. You should contact a skilled attorney for advice regarding what method of enforcement is appropriate for your case.
Let Us Help You Enforce Court Orders Today
Do not wait until your ex-spouse changes his/her tune about following court orders. If you need a court order enforced, our enforcement attorney in Orange County is ready to help you resolve the situation.