After your family law case concludes, you are probably hoping that is the end of it and you are done with the court system. However, sometimes the other party may not do what the court has ordered them to do. This can be frustrating, but there are legal remedies available to ensure the court’s order is obeyed.
An experienced family law lawyer in Boulder from Stahly Mehrtens Miner LLC can walk you through the process of filing a motion to enforce the court order.
What Types of Family Law Cases May Require Court Enforcement?
Various family law cases may require the parties to go back to court when one of them is not following the court’s orders, including those involving:
Property Division Orders
The judge may have ordered your spouse to provide you with certain property, change a deed or title, or refinance a mortgage. If they have failed to take these actions as ordered, you may need to return to court to enforce the court’s order.
Child Support
If the other parent is not paying child support as ordered, Child Support Enforcement Services may seek to collect back-due child support through various means, such as:
- Wage garnishment
- Tax refund intercepts
- Property liens
- Passport denial
- Credit reporting
- Suspension of driver’s or professional licenses
The court can also find the violating parent in contempt of court.
Spousal Support
In some divorce cases, the court orders one spouse to pay spousal support to the other. However, ex spouses may get resentful about paying and voluntarily choose not to pay what they are ordered. You can seek enforcement action through the courts.
Child Custody
The court may establish specific schedules related to parenting time. If one of the parents violates these orders, the other parent can file a motion to enforce the order.
In response, the court may order the following remedies:
- Makeup parenting time
- Fines
- Modification of the original child custody or visitation order
In some cases, the court can hold the offending party in contempt of court or impose jail time.
Protective Orders
Protection orders are put in place to protect victims of domestic violence. If the respondent violates the order and comes in contact with the victim or otherwise disobeys the mandates in the protective order, they can face jail time and other consequences.
The Process of Filing a Motion to Enforce
To file a motion to enforce a court order, you must be able to show the following:
- A valid and existing court order is in place.
- The other party violated the court order.
- The violation was willful and intentional.
- You have attempted to resolve the issue outside of court, but it was unsuccessful.
If you can meet these requirements, an attorney can draft a motion to enforce the court order and file it with the appropriate court. You are responsible for having the other party served. The court schedules a hearing where you can present your case.
Contact a Knowledgeable Family Law Attorney for Help Enforcing Your Court Order
If the other party is not abiding by the court’s order, you may need to seek enforcement. An experienced family law lawyer from Stahly Mehrtens Miner LLC can discuss your situation during a confidential consultation. We want to protect your rights and ensure that justice is served. Our knowledgeable team can gather evidence, file the necessary paperwork, and represent your interests in court. Call us at (303) 797-2900 for a no-obligation case review.