Enforcement

ENFORCEMENT OF COURT ORDERS

Throughout a case court orders may be entered pertaining to different issues. At the conclusion of a case a Final Judgment is entered which sets forth the court’s final ruling, or it adopts an agreement of the parties. But what happens when a former spouse fails to comply with a court order or Final Judgment? To get the noncompliant party to obey the order or Final Judgment an enforcement proceeding must be initiated against the noncompliant party.

In a Motion to the court, the party seeking relief identifies the terms to be enforced and illustrates what the other party has failed to do. A hearing is held on the Motion and if noncompliance can be established by the party who filed the Motion, then the other party will have an opportunity to prove an inability to comply with the order of Final Judgment. If that individual is unable to prove inability to comply, the Judge may find them in contempt of court and order various sanctions including but not limited to compelling compliance with the order or Final Judgment, payment of attorney’s fees, coercive fines, and even jail.