When spouses get a divorce, they have to make decisions on marital issues. These issues may be decided together by the two spouses or with the help of litigation. This can include decisions on child support, alimony or child custody. After a couple is officially divorced, it is important that they follow through with the correct court orders or the solutions that they agreed upon.
When one party refuses to follow through with the court-mandated outcomes for marital issues, the opposing spouse can take legal action. Former spouses have the opportunity to request an intervention through a violation petition, also called an enforcement order. The court can investigate the matter and act according to the situation. In some cases, the court may find the spouse in contempt of court since they are failing to follow court orders that were legally binding.
Are there enforcement orders for child custody arrangements?
There are a few different reasons why someone can obtain an enforcement order. If a parent is in violation of a child custody arrangement, they can seek an enforcement order to correct the situation. The violator may face consequences, such as possible arrest. In addition, child custody arrangements may be changed to adjust to the best interests of the child.
Enforcement orders can also be used to support spousal maintenance orders or child support payments. When an enforcement order is put in place for issues regarding spousal maintenance, courts may require the individual’s employer to withhold a certain amount of money from their paycheck and send it to the dependent party. This is called an income execution. This process can also be used to recover compensation for child support payments. However, the court can only use the Support Collection Unit for violations relating to these two issues.
Can modifications be made?
After divorces occur, the newly single individuals go off on their own. They may have new circumstances that come up in life. This can disrupt their current child custody arrangements with their former spouse. It can also cause the possibility of a change in child support payments. The spouses can file a motion to enter back into litigation to decide an adjusted plan for either scenario. Since judges can only consider the present factors when making original arrangements, there is room for modifications to be made in the future. New and changing factors can affect the effectiveness of a child custody arrangement and the money flow for child support.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.