Not everyone follows the rules like they should, and if your ex is not
abiding by the orders set forth by the court, you should take action to
ensure they comply. By failing to follow court orders, your ex may alter
your parenting plan, taking up more than his or her fair share of time
with your children. Or, they may refuse to make the court-ordered support
payments, leaving you without the financial assistance you are owed. Whatever
the case, failing to follow these orders could be extremely inconvenient
and could impact your children as well.
If your ex is not obeying the terms of a legal decree, you need to take
immediate action to enforce the court orders they are ignoring.
About Court Orders in New York
The court can establish certain provisions following a divorce, separation,
or another family legal issue, leaving each party with a legally-binding
court order. These orders might include rules regarding child custody,
child support, spousal support, or visitation. Both parties are legally
required to follow these orders, whether they agree with them or not.
If there is a serious disagreement regarding the orders, either party
may request a modification. However, until a modification is granted,
the court order remains binding. When either party does not comply with
court orders, they could face serious legal repercussions.
Failing to fulfill a court order could result in the following consequences:
- Costly fines
- Freeze on bank accounts
- Lien on business or house
- Loss of driver’s license, passport, or professional license
- Income garnishment
- Withholding of tax refunds
In worst-case scenarios, the judge could find the individual in contempt
of court for failing to follow the order, which could result in jail time.
Enforcing a Court Order
Before you head to court, you should first discuss the issue with your
ex. If they’ve only missed one child support payment or showed up
late for one scheduled visit, the court won’t be able to do very
much to help you. Plus, if you can discuss the issue with your ex, the
two of you may be able to solve the problem without court interference.
However, if the issue has occurred repeatedly and your ex continues to
ignore the court order, you need to discuss your options with your attorney.
If the problem persists, you should gather evidence to prove your ex has
repeatedly ignored court orders. Print out emails, text messages, or financial
statements that show your ex was late making payments or did not make
them at all, or that they did not honor your child custody agreement.
Our attorney can work with you to present the case to the judge, proving
that the non-compliant party has disobeyed the decree. If the issue involves
child support payments, the New York Support Collection Unit (SCU) can
also take enforcement measures against the non-compliant parent. In any
case, our firm understands the financial burden caused by missed support
payments and we don’t want to see parents fighting to get their
rightful time with their children. Our goal is to help you find peace
in your legal arrangement by enforcing the court orders the state of New
York has established.
Contact The Law Firm of Wayne F. Crowe, Jr., P.C.
today to discuss your family law case with our Bronx divorce attorneys.