How do I enforce a court order in New York?

When a court passes a judgment on a divorce or family law matter, it is legally binding and both parties involved must follow its provisions. When one party fails to abide by the court order, the other party may want to hold them accountable and wonder what they can do to enforce the court order. In order to enforce an order, the victim may request help from the court to enforcement through a violation petition. This is sometimes called an enforcement petition.

This petition may be used to request the court’s assistance in enforcing one party to abide by a court order. The court order that has been violated may be related to matters of child custody, child visitation, child support, or spousal support. When one party relies on spousal support or child support to support either themselves or their child, it is essential that the party provides these payments. If the party who violates the order says that they can not pay because of a change in income, they may be able to request a modification to the court order. However, it is important that they do not simply stop paying the required amount without permission from the court. The court may find that they have willfully violated the petition and garnish wages, require a lump sum payment, or even issue a warrant.

If you have questions about enforcing or modifying a court order, contact us today.

If you are in need of experienced and dedicated legal counsel, please contact The Penichet Firm today and we will be happy to assist you in all of your divorce, family, and criminal law matters.