Enforcing Court Orders
Enforcing Court Orders/Violations
If you have a previous order granted to you by the court and the other side isn't following the order, we can help. We have vast experience with violation petitions in which the court determines whether the non-conforming party is in violation and what the punishment should be.
Family Court, in most cases (but not always), is less paperwork intensive and a more streamlined process. A petition that details the violation is submitted and signed by the client and their attorney if they have one. The court then issues a summons requiring the respondent to appear in court. The law provides that if there is a support order that has not been paid, there is a presumption that there is a willful violation. The burden then shifts to the other side to show that the violation was not willful. Willfulness means the ability to pay and the failure to do so.
An important task of the attorney for someone accused of failing to pay child support is to show that the violation was not willful, if in fact the support order was not paid. Therefore, the financial ability to pay is a big issue in hearing on contempt motions or violations. If loss of employment is at issue, the payor needs to show that the job loss was due to no fault of their own and that they have been making diligent efforts at securing replacement employment to no avail. The other side might argue that diligent efforts have not been made or that the loss of employment was the payor’s fault.
If there is a hearing and it is found that there is a violation, the court will issue a money judgment for the unpaid support among other remedies. An income deduction order can be made. The court can suspend the drivers and professional licenses of the payor. The court can order the payor to participate in work activities in certain instances. In cases of willful violations, the court may order up to six months incarceration.
Support violations are a serious matter so it is recommended to obtain solid legal representation whether bringing or defending against the motion. Feel free to call about your free initial consultation regarding support violations.
