Not everyone plays by the rules. Some people will look at a court order, wad it up, and toss it in the trash. They will go on about their lives ignoring the fact that they have an obligation to pay child support. They will continue withholding your court ordered possession time. They will throw a restraining order to the ground and continue to harass you. The question is, what can you do about it? This week I’ll be discussing enforcements and how they can help you get what you are owed under the law.
An enforcement is what you would file when the other party in your lawsuit is not following the orders of the Court. Say they have been ordered to pay $600 in child support every month but haven’t paid anything in 5 months. You would need to file an enforcement against them requesting they pay the outstanding child support balance and/or be held in contempt for noncompliance with a court order. But what if they have been ordered to pay $600 and pay $200 one month, $400 the next, $100 the third month, and $600 the fourth, can you still file an enforcement? Yes. Just because you were paid what was owed in the fourth month does not mean that they complied with the order for months one through three.
You can also file an enforcement when you have been denied your court ordered access and possession. It doesn’t matter if the other party says they have a good reason for denying you possession, if they do not go through the proper legal channels to modify possession they are not complying with the order. As with an enforcement for child support, you can request the Court order the other party to comply and/or seek contempt for their violations. Whether they withhold your possession for a week, a month, or a year. You can file an enforcement action to ensure you get what you have been awarded.