At Spencer Family Law, we are strong advocates for your rights. If your former partner or the parent of your child is not following a court order you are not helpless – you have the right to request legal enforcement by the court. Refusing to follow a court order could result in criminal and civil penalties. The court takes enforcement very seriously, but you have to know how to keep the pressure on the other side to enforce your rights. Our enforcement attorney can help you craft a unique and well-crafted strategy for enforcement of the court’s order based on your situation. We won’t let anyone infringe upon your parental rights and entitlements under a decree or court order.
Call (385) 999-2474 or contact Spencer Family Law online for an initial consultation to discuss your causes for enforcement.
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Enforcing a Custody Order
Child custody orders are enforceable by the court if one party does not comply with the terms. Examples of violations of a custody order could be if the other parent denies you the time you are entitled to in the order or refusing to share time with the children on a holiday agreed upon.
If the other parent is not obeying the court’s custody order, you may file a Motion to Enforce with the court. This order can include a judgment for money owed or extra parenting time. The court may also find that the non-complying parent is acting in contempt of court, and they may order the parent to pay a fine or serve time in jail. Our attorney can help you petition for enforcement and ensure the other person is holding up their end of the bargain.
Enforcing a Child Support Order
Utah law allows you to enforce your child support order in two ways: 1) through the Utah Office of Recovery Services; and 2) through a private motion to enforce. While the Office of Recovery Services is great at garnishing regular paychecks, they do not have the resources to go after other assets, or force payments in many cases where a party is hiding income, or self-employed. For that you need to bring the case to the court to collect, and in many cases, ask for the other side to be held in contempt of court.
Utah law allows attorney fees to be added onto any judgments obtained from enforcement of a child support order. An attorney experienced in enforcement and collections can also use other creative methods to force a party to pay support. Examples include:
- Seizing assets to sell at auction to satisfy a support order
- Seizing savings, investment, or checking accounts
- Obtaining a garnishment or lien against property
- Ordering Contempt, which can include jail time, fines, and loss of licenses if the party does not start paying
- Issuing a warrant for a party to appear, with the bail used to help pay the debt
There are also several ways that a party’s hidden assets can be uncovered so that they can be seized or placed under a lien, even if they try very hard to hide them from the court’s enforcement.
Enforcing an Alimony Order
Similarly, you can file a motion asking the court to enforce an alimony order if the person ordered to pay fails to do so. The court may issue a judgment for past-due alimony, as well as hold the spouse in contempt of court, the consequences of which include misdemeanor jail time and fines. Alimony enforcement is requested through a Motion to Enforce Domestic Order.
If your ex-spouse is not complying with a court order, you have the right to request legal enforcement by the court. If successful, an enforcement petition could require the non-complying party to make up for their missed obligations, and even issue criminal penalties for disobeying the court. To make sure you have a strong petition for enforcement, it is best to work with an experienced enforcement lawyer. Our attorney can ensure that you are providing the necessary evidence to show the other party’s noncompliance. Let’s swiftly resolve your legal complication and make sure the other party is fulfilling the obligations they agreed to.
Schedule an initial consultation with Spencer Family Law to get started on your enforcement petition. Call (385) 999-2474 or contact us online today.
“Everytime I hired him I got everything I wanted. He responds promptly and will go the extra mile for you.”- Tyson
“Dan and his team are caring, diligent, fair, and easy to work with. Thank you for making this process go as smoothly as it possible. ??”- Malory P.
“Dan is professional and knowledgeable. He is calm and collected. I would recommend him to even my closest friends or family going through a custody battle!”- Tabitha K.
“5-Stars Daniel Spencer for years has earned his Stellar Reputation. He is the Lawyer you want to fight for your Parental Rights.”- Douglas R.
“Dan is an outstanding advocate for his clients. As a fellow family law attorney, I've had many cases with him and have found him to be fair minded, professional, and knowledgeable.”- Spencer R.