Motions for Enforcement
If the other parent is not following court orders for visitation, custody sharing, child support, or another legally obligated aspect, a motion for enforcement can help you in regards to your child’s best interest.
Motions for Enforcement
Motions of Enforcement can compel the non-compliant party to follow court orders.
If another party is not following court orders in regards to child support payments, visitation arrangements, custody, or property division, you can seek motions of enforcement to compel that person to adhere to the court's directives.
Motions of Enforcement can be used in such scenarios as:
- Non-custodial parent is not paying child support on time or to the agreed amount.
- Custodial parent is not allowing for visitation of a child.
- Co-parent is not adhering to custody arrangements.
- Ex-spouse does not comply with orders to divide marital assets, such as sell a house or share proceeds from the sell of a house.
- Party does not adhere to co-ordered drug / alcohol testing or therapy.
- Spouse does not pay court ordered spousal maintenance while divorce proceedings are processing. Other household maintenance to maintain the value of a house, or orders to not sell household assets during a divorce proceeding can also be enforced.
Possible Consequences of Not Following Motions of Enforcement
- Jail time
- Monetary Fines
- Non-compliant party is ordered to pay attorney fees of the harmed party.
- Make-up visitations
- Suspension of state or professional licenses
- Placing a lien on the non-complaint party's assets.
- Wage Garnishment
- Other remedies to restore what was denied or not followed by the court orders.
Steps
Review the Court Order
Be sure the other party did not follow the court order by carefully reading exactly what they were compelled to do. A court order may have given the party a full month to do something, while they did not do it on day 1, they still have not failed to meet orders since the month is not fully lapsed. There could be unclear orders, or orders left to broad interpretation that the other party might be viewing in their own favour.
Gather Evidence
Gather screenshots of texts, emails, or any proof that something failed to happened or was refused by the party directed by a court order.
Draft the Motions of Enforcement
Keep emotions out of the document and stick to the facts about how the court orders were not followed.
File the Motions of Enforcement with the Court
Make your complaint official with the court.
Serve the Other Party Notice
The non-compliant party must be given notice that there is a complaint against them.
Set a Hearing Date
You'll need to get on the calendar of the court to hear your complaint.
Go to Court
Present the facts to a judge and seek remedy.