Enforcement

Certified Specialist - Family Law

Need a Divorce Decree Enforced?

Our Newport Beach Divorce Lawyer Can Help

Going through a divorce can be an emotionally draining and stressful time, and adding a spouse who does not follow the court orders just makes it more difficult. Once the court gives the final judgment in a divorce decree both parties are legally bound to follow the terms and conditions in full. If one party fails to abide by any of these terms, they are at risk of being in contempt of court.

If your spouse is not obeying a court order, what you need is an experienced and highly-qualified Newport Beach divorce attorney on your side. Attorney Marc E. Mitzner has managed hundreds of family law cases in his nearly 20 years of practicing law. He is also a certified family law specialist, meaning he has broad experience in family law and yearly training to enhance his skills and knowledge. You can trust our firm to put our extensive abilities to work on your behalf when you choose to work with us to enforce your divorce orders.

Penalties for Violating Divorce Orders

Not paying child support or spousal support can lead to wage garnishment or seizure or sale of property. When there are instances where an ex-spouse cannot pay or is going through a financial hardship, the court may consider other legal options. For child custody and visitation, there is no exception that will excuse noncompliance with the custody order.

If an ex-spouse disobeys the child custody agreement, they could be facing:

  • Time behind bars
  • Modification of the current child custody order
  • Loss of custody privileges
  • Reductions in the amount of spousal support received

One important factor when it comes to enforcing orders of your divorce decree is not to act out in an effort to punish your ex. While they may be in violation of the order, if you try to take action against them, the court may hold that against you when reconsidering orders.

Answers to Your Enforcement Questions

What should I do if the other parent doesn't keep to the custody order?
First, you should contact the local police department and ask them to enforce the order. You can also call the district attorney in your county to report the incident. Next, file an action for contempt with the court and ask the court to enforce the order.

What if a parent falls behind on their child support payments?
Each monthly payment is to be paid according to the date set out in the order. Overdue payments are known as arrears and judges can be very strict in enforcing these. Parents can ask a judge to decrease their future payments but judges typically insist the arrears be fully paid immediately or in installments to make up the unpaid support.

Can I file for child support and receive an order covering support from a year-old separation?
Not likely. Judges will only enforce orders starting the date the request is filed, which is why you should consult with a Newport Beach divorce attorney from our firm and file for child support as soon as you and your partner separate.

Get a Family Law Specialist on Your Side

Handle your enforcement issue the right way by contacting an Newport Beach family law attorney from The Law Offices of Marc E. Mitzner. The legal team at our firm is experienced when it comes to any family law matter including issues of enforcing a divorce decree.

We offer a free case evaluation to all potential clients. Feel free to call us today for any questions you have regarding court orders.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.