When matters such as child custody, child support, visitation, or spousal support are contested in a divorce, the couple will often have to have the judge make this decision for them. Unfortunately, there may be situations in which one of the spouses fails to comply with a court order and the other spouse who was supposed to receive funds may suffer. In situations like this, a person may want to consider requesting an order for enforcement.
If one needs to enforce a court order, they will have to go through their local family court to file a petition for violation. After a violation petition is filed, the court will assess if the party who is ignoring the court order has done so willfully. If a willful violation is established, the court is permitted to take measures to enforce the order. For example, if an individual fails to comply with a court order for either child support or spousal support, the court has a few options for enforcement. The court can decide that they will either impute wages, garnish wages, or order a lump sum payment. In the event that the individual continues to ignore the court order, they may be held in contempt of court or face other serious penalties.
If you need assistance holding an individual accountable for violating 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.