When the court passes a judgment on something, the parties involved are bound to that decision by law. The decision can not be changed or terminated without permission from the court through a legal process known as a modification. When one of the individuals bound by the court order fails to follow the instructions or the provisions of the ruling, they must be held accountable. This is often seen in situations related to child support, visitation, custody, or spousal maintenance.
For the purposes of this blog, the example will be for child support. If the noncustodial parent fails to make child support payments, the custodial parent is missing out on valuable income that they need to adequately provide for the child. In a situation such as this, the custodial parent can submit a violation petition with the court. They will inform the court that the noncustodial parent is not following the order and request assistance in enforcing the child support order. In order to prove to the court that the parent failed to make child support payments, the custodial parent would provide a sworn testimony.
If the noncustodial parent continues to ignore the court’s orders, they may be subject to wage garnishment, license revocation, and even face time behind bars for being guilty of being in contempt of court. The parent will also likely be required to make back payments for any support that they have missed.
If you need assistance enforcing a court order, contact our firm today.
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.