Kathy D. Sheive Attorney at Law

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What happens when someone doesn't comply with a court order?

No matter what happens or what the particulars of your case were, a divorce always ends with at least one court order. You must comply with the terms of your court order exactly or you risk being in contempt and facing enforcement measures. Whether your ex isn't following the court order or you're the one facing contempt, it's important to understand how enforcement is handled.

How a court order is enforced largely depends on what the terms of the order are. For example, an order for child support might be enforced by attaching the payer's wages, intercepting a tax refund or suspending the person's driver's license. These are usually first handled by the child support enforcement agency, and then, if that is not successful, the family court judge.

Nonmonetary orders can be more difficult to enforce, and doing so often means pursuing the matter through the family courts over a period of several months. One example of this might be if the custodial parent is not following the parenting time order by failing to have the children ready and available for the other party as stated in the schedule. In this case, the noncustodial parent would have to bring the matter back before the judge to begin any enforcement measures.

If you have questions about what you can do to get your ex to comply with a court order, talking with an attorney can be very helpful. Understanding your options and what you will need to show the courts to get them to intervene ensures you are prepared as you move forward.

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