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The Evans Family Law Group providing a full spectrum of family law services.
James W. Evens: The remedies available to the court when seeking enforcements are basically
the following. The courts, first of all, can clarify the order. If the court deems that
it's vague and unenforceable, the court will simply clarify the order and then tell you
specifically how you must comply and give you a new time frame by which you must comply.
Another means of enforcement is contempt. If the court finds that the order is specific
enough to enforce it through contempt, the court can then threaten to put you in jail
for a specific amount of time, up to six months typically, for failure to comply with the
courts order. The court can impose fines such as sanctions. The court can also as a means
of enforcement impose a judgment if we're talking about, for example, exchanges of money.
The court can issue a judgment in the amount that you owe or you failed to comply and the
court can also award costs in attorney's fees for the other side having to bring the motion.
In dealing with enforcement, it's really important to know that there's a nuance in the law that
in the event that the court deems that the motion for enforcement was required or necessary
to protect a child's best interest, it's really important to know that obviously, the court
can make the other side, you, pay the attorney's fees involved. But if the court deems that
the motion for enforcement was necessary to protect the child's well-being, the court
can order those attorney's fees paid in the nature of child support. And why is that important?
Well, that means you're paying your ex-spouse's attorney as a form of child support so those
fees can be garnished. They can be subject to payment from your retirement accounts,
etcetera. So it's really important that in the event you have a situation like that where
you think you need to bring a motion for enforcement is to talk to an attorney who can help you
evaluate your options.
When life's path takes an unplanned turn, call the Evans Family Law Group for a consultation
at 628-2550. The Evans Family Law Group providing a full spectrum of family law services.