Assertive Court Order Enforcement
Finalizing the terms of a divorce may be a lengthy and stressful process, and it may become even more arduous if court orders codifying those terms are not followed. If you are attempting to enforce a court order, it is important to seek the help and guidance of a skilled Orange County divorce lawyer who can advocate for your interests. When any court order enforcement issue arises, the matter should be brought before a court as soon as possible. The family law attorneys at the Law Office of David P. Schwarz are here to help you hold a recalcitrant ex-spouse to the terms of an order.
Enforcing A Court Order In A California Family Law Proceeding
Divorce cases require the settlement of many extremely sensitive issues, such as child custody, child visitation, spousal support, and property division. In contested divorce cases in which the spouses are unable to come to a resolution on the important terms of a divorce, the court will decide for them. When a judge makes a ruling regarding these issues, it becomes a court order, and both parties are legally obligated to adhere to it. In other words, following a court order is not optional or something to be taken lightly. It is binding on both spouses, and when a spouse fails to comply with all of the requirements in the order, they are breaking the law.
If a spouse is determined to be out of compliance with a court order, the other spouse can enlist an attorney to file a request for compliance. The request is filed with a clerk of the court and is later served to the opposing party. It is important to note that if a spouse’s circumstances have changed significantly, a modification to an existing court order is possible, but it must be done through the proper legal process. A spouse may not modify an arrangement unilaterally. A court must approve any modification to a finalized court order.
If you are seeking to enforce a child support order, you may be able to have penalties imposed on the violating spouse, such as withholding, license suspension, wage garnishment, child support liens, or a finding of contempt. Moreover, a contempt charge is not limited to child support cases. It may also be brought for any type of court order that is consistently being violated. This type of charge is appropriate when a party does not comply with an order, despite full awareness of its existence, and has the capability to meet its requirements. To find someone in contempt, the accusing party has the burden of establishing that a valid court order existed, the defendant had knowledge of the order, and the defendant deliberately disobeyed it.
Consult Our Lawyers During Your Divorce Proceeding
If you need to enforce a court order, it is vital to reach out to an Orange County divorce attorney who can protect your rights. At the Law Office of David P. Schwarz, our founding attorney has over 20 years of experience in this area of law and can put our knowledge to use in your case. We can represent people throughout Southern California. To seek guidance from a divorce or child custody attorney, call 949-296-4119 or contact us online for an appointment.