Enforcing Court Orders
Divorce Lawyer in Las Vegas, NV
Couples that agree to end their
divorce may be able to come terms on their own in an uncontested divorce. If the
divorce is contested, then the court may need to step in and make the
call on their own after taking both sides into consideration. Either way,
both parties will need to adhere to the final divorce provisions. Even
for those that were never married but share / shared custody of a child,
there are legal terms that must be followed. Discuss your case with a
Las Vegas divorce attorney from our team to learn more.
Types of Court Order Violations
Court orders can address a number of different areas, including those that
involve children. Couples can have
custody rights divided between them in a number of ways and, depending on the
situation, there are different rules that they may need to follow. One
parent may have a certain amount of
visitation time to which they have a legal right. Not giving the other parent this
visitation time is a direct violation of the court order. When two parents
share custody, this can also mean that they need to make decisions together,
though this can vary in the level of authority that each parent has.
Excluding a parent from the decision-making process can be grounds for
legal action. When one of the individuals is failing to adhere to court
terms – whether it is in regards to finances or a to shared time
with a child – and the matter is unable to be resolved together,
the court can be sought to enforce it. Depending on what court order needs
to be enforced, the court can handle these issues in differing ways.
How the Court Enforces Divorce Orders
For many people, it is imperative that the case is brought to the attention
of the court. A Petition of Contempt can be filed with the court, which
will cause them the court look into the matter. This should be filed with
the court where the actual divorce finalization was processed. At this
point, the other party will be served with an Order to Appear. The case
will be assessed and the court will determine whether or not the individual
in question willingly neglected to follow the order. Those who are found
guilty of this can face a number of penalties, including community service,
fines and jail time.
Spousal Support & Child Support Enforcement
Many divorce orders needing enforcement involve finances.
Spousal support orders need to be followed in order for the lesser-earning spouse to maintain
the standard of living that they grew accustomed to during their marriage.
Some couples are able to determine the amount of spousal support on their
own, but it is often necessary to have the court address the matter. The
court may have ordered one of the spouses to pay support to the lesser-earning spouse.
It can be easy for a disagreement to occur when both parties have different
views. The spouse that is paying may take it into their own hands to not
pay the full amount or any at all. Not only is this illegal, but it can
also leave the dependent spouse without the resources they need to pay
for daily living costs.
Child support may also be ordered by the court, requiring one parent to pay the other
parent in support of the child or children. The parent that is paying
support could perhaps lose their job and be left with no source of income,
or they may believe that they should not be paying the amount that the
court order requires. In either case, the paying parent could try to adjust
the amount of support on their own without approval from the court.
There are a few ways in which the court may choose to handle this, including:
- Reporting it to credit companies
- Having the money held from paychecks
- Placing a lien on property or assets
- Taking winnings from the lottery
- Having their driver's license suspended
- Having their passport suspended.
Making Legal Changes to Divorce Orders
Any changes to divorce orders will need to be made through the court. Modifications
can be sought in order to legally make an adjustment, but only if the
court finds that there has been a
significant change in circumstances. Without a legal modification, no alterations should be made. This includes
oral agreements between spouses, which cannot be upheld by law. Without
the backing of the court, there is no way to protect if these cases go wrong.
Modifications should always be handled in adherence with the law. When
a court order is not being followed, you have the right to take legal
action. It is important to understand what your options are and how you
can go about righting the situation.