At the conclusion of your family part case, you will get an order from the court. That order should detail any of the following:
- How frequently and the amount of child support to be paid;
- The parenting plan;
- The legal rights of the parents relative to the children;
- Additional expense that are to be shared between the parents;
- Whether therapy is required or a parenting coordinator is appointed;
- The terms of payment of alimony;
- The distribution and transfer of assets;
- And many other things.
This list is just an example. There are a wide variety of case types handled in the family part.
It seems clear that whatever is written in the order or an agreement between the parties should be followed. Meaning, if you are ordered to do something, then you should be doing it!
Unfortunately, people do not always follow the order and it may be necessary to enforce these orders. The enforcement of agreements and court orders is squarely within the public policy of this state. In fact, it is one of the most basic tenants of our legal system that parties should abide by the agreements in which they enter and most certainly if a Judge orders you to do something then you should do it.
What are the steps for enforcing a court order? The first thing you should do is consult with an attorney. Not all violations of orders are the same and, in many situations, you may be required to have done something first in order to trigger the obligation of the other person. For example, if there is an order that the cost of summer camp be allocated, you may need to pay the entire amount first and then seek reimbursement from the other person.
However, in most situation the path to seeking enforcement is as follows:
- Reach out privately to the other party and ask them to comply: This can be done via email or text or a letter. However, it needs to be done in writing.
- Provide the other party all of the documentation or information they need to comply: While it seems like it is not your job to do ‘work’ for the other party, it is critical to make sure that someone looking at the situation sees that both sides had enough information and opportunity to comply.
- Demand compliance: You should firmly but politely ask the other person to comply. Don’t leave anything up to interpretation. Be clear and concise.
- That didn’t work… now what: At this point, you should speak with an attorney who can do a formal demand letter. Even if the other person doesn’t want to listen to you, they may take notice when a legal letter arrives in their mail.
- File a motion: The last step is to present the issue to the court. The writings that you have sent to the other side, or any demand letters from your attorney will be attached to the motion. All of the documentation regarding the issues will be attached. It is critical to be courteous but comprehensive because the court will read all of these documents before making a decision on your case.
Often a court will send the parties to mediation to resolve complicated child custody or financial issues. It is important to present the information to the court in a way that will allow the judge to rule immediately rather than sending you to mediation. On the other hand, your agreement may require you to go to mediation first. While the process outlined above may seem straightforward, the practical application is nuanced and is often complicated by the fact that you are too close to the issues in your case.
If you have an issue with enforcement of an order, contact the experienced attorneys at LaBletta & Walters who can help you navigate through this complicated area of the law.