Decree Enforcement

Once the court has entered specific Orders, both parties are bound to follow all conditions set out in those Orders. If a party fails to comply with any provision in the Order, the other party can file pleadings asking the court to enforce the terms as written. Simply ignoring the Orders is not an option. Common violations include:

  • Non-payment of child support
  • Failure to provide health insurance
  • Non-compliance with parenting time schedule: this can involve one parent refusing parenting time to the other, or the failure of the parent to return a child home on schedule
  • Non-payment of spousal maintenance
  • Failure to pay attorney’s fees
  • Failure to pay debts as ordered
  • Failure to turn over property and execute documents

A party’s obligation to pay support, including child support, providing health insurance, spousal maintenance, and attorney’s fees, are considered priority obligations which must be paid before one pays his or her personal expenses and debts. Should a party to fail to timely pay support, then a Motion for Finding of Contempt can be filed against the non-paying party seeking sanctions which can include incarceration and the payment of attorney’s fees incurred in bringing the matter before the Court.