By the time the dust settles in a divorce case, there are often several court orders in place. This is especially true if the divorced couple has children together. When someone fails to comply with the terms of an order, they could face court appearances, fines and jail time. The charge might also impact their relationship with their children and their right to spend time with them. If your ex violated a court order, we can help you get on track.
At Petrelli Previtera Schimmel, LLC, our family law attorneys help those who are having trouble with order violations. We handle all aspects of cases where an existing court order needs to be enforced or modified, including:
- Child support nonpayment problems
- Missing spousal support payments
- Alternate arrangements that aren’t working
- Income withholding
- Writ of execution
At the beginning, our attorneys will work with both parties to ensure they properly file all orders and agreements. Later, we can help make the necessary modifications to continue to serve the best interests of the children involved.
The Issue with Child Custody Orders
Child custody orders are among the most violated court orders. Rather than heading back to their lawyer and asking for help in getting the proper time with their kids, some divorced parents erroneously try to take matters into their own hands. While fines and jail are a possibility, most of the time the person who violated a custody order will likely face court-ordered changes in custody arrangements.
The court considers it an equally serious matter when a parent keeps their child away from the other parent when financial support is not provided. Unapproved changes to a parenting plan can potentially reduce the time a parent is able to spend with their child. If the parents need a schedule change, it is best to go back to court and get a different order.
Violation of the Property Settlement Agreement
Often, before the ink is dry on your property settlement agreement, one party does not fulfill their end of the bargain. Whether it is refusing to sell the former marital home, return marital items, or make a lump sum payment, violation of this contract is taken seriously. Our attorneys understand the importance of ensuring both parties abide by the terms of the agreement. We include specific language in our settlement agreements to ensure that if the breaching party fails to comply with the agreement, not only will they be held in contempt, but they will be responsible for the innocent party’s attorney fees.
If your ex violated a court order, we can help. We welcome you to contact Petrelli Previtera Schimmel, LLC for advice.