Oftentimes, after the Court has issued a final order or judgment in a divorce or child-related matter, one of the parties will fail to perform as ordered. For example, one party may fail to adhere to parent-child visitation and schedules, pay child support, pay spousal support, or sell certain property. This may require you to return to Court to enforce the underlying order and require the other party to perform certain actions.
Your Family Law Trial Lawyer will help you determine whether you should file a Motion to Enforce or a Motion for Contempt with the Court.
In a Motion for Enforce, you are requesting the Court to enforce its prior Judgment or Order. Your Family Law Trial Lawyer will draft and file a Motion to the Court, outlining the date of the Court’s Judgment or Order and how the other party is failing or refusing to obey that Judgment or Order.
Your Trial Lawyer may ask the Court to ask to do the following:
In a Motion for Contempt, you are requesting that the Court find that the opposing party is in contempt of a prior Judgment or Order and that such contempt of Court necessitates further Court involvement, including possibly ordering remedial sanctions against the offending party. A Family Law Trial Lawyer will draft and file a Motion for Contempt, outlining how the other party is failing or refusing to obey the Court’s prior Judgment or Order.
Your Trial Lawyer may ask the Court to do the following:
Depending on the circumstances, the Court may impose remedial sanctions on a person found to be in contempt. Remedial sanctions may include the following:
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