Enforcement: Failure to Abide
Failure to abide by terms of a Court Order or Judgment can result in legal consequences. A family law enforcement action is the legal process of documenting the failure of a person to comply with a Court Order or Judgment and seeking the Court’s assistance in taking action that will result in compliance. Enforcement actions may relate to financial or parenting obligations.
The procedure includes filing and serving a Motion for Civil Contempt or Enforcement. The Court will set a hearing date, and Notice is issued. At the hearing, the Petitioner must prove in part that the Respondent has not complied with a Court Order or Judgment. The Respondent will have an opportunity to offer a defense.
Enforcement: Court Considerations
The Court considers a variety of factors in enforcement actions. The Court will determine if there has actually been a failure to comply with a Court Order or Judgment, if the noncompliance has occurred one or more times, if the noncompliance is intentional, if there has been an unforeseen hardship since the execution of the original Court Order or Judgment, if a modification of the Court Order is warranted, if further legal action is necessary to ensure compliance, and if any type of restriction or punishment is warranted.
There are a variety of consequences if the Court determines that there has been a failure to comply with a Court Order or Judgment. This may include wage garnishments, automatic wage deductions, modification, loss of driver’s license, incarceration, or temporary or permanent reduction or forfeiture of parental rights. The Court may also order a party to pay attorney fees and Court costs.
Laura Callahan, P.A., represents clients seeking to enforce Court Orders or Judgments as well as clients who may have failed to comply with a Court Order or Judgment for a variety of reasons. She skillfully works to present the relevant arguments.
If you are facing enforcement issues as a Petitioner or as a Respondent, Laura Callahan, P.A., will evaluate your situation and explain your options. Laura Callahan, P.A., offers the confidential assistance you need to make navigate the legal process.
After the entry of a family law Court Order or Judgment, unforeseen changes in circumstances may occur. If the changes are significant and meet the legal standard, a post judgment modification may be requested by either party. Laura Callahan, P.A., is experienced in a variety of modification cases including but not limited to the following:
- Parenting Time and Parental Responsibility: A party may request a modification for a variety of reasons, which may include: Change in work schedules, health issues, or a request to relocate which must be made prior to relocating.
- Child Support: A party may request a modification for a variety of reasons, which may include: A significant change in a party’s financial ability or income, availability of health insurance, or childcare expenses.
- Alimony or Spousal Support: A party may request a modification for a variety of reasons, which may include: A change in need and ability to pay, changes in income or expenses, or cohabitation.
The Court must establish that there has been a significant change in circumstances (in some cases, unanticipated) or that there is an agreement for a post judgment modification to be granted. The burden of significant change may be different for each modification request due to the unique circumstances of each family law case.
If a significant change in circumstances makes it necessary for you to request a modification of any type, Laura Callahan, P.A., will evaluate your situation and explain your options.
Laura Callahan, P.A., will provide the legal assistance you need to pursue this journey.