Assisting New York Clients Who Need Enforcement Of An Order
At the end of a divorce or family law matter, the court will issue an order to be followed by the parties engaged in the case. These orders are legally binding and come with consequences when not followed. Courts will issue orders for a variety of matters, including but not limited to:
- Spousal maintenance
- Child support
- Child custody
- Child visitation
- Property distribution
When either party willfully dismisses the direction of the court, there may be a need for intervention. If you are faced with an ex-spouse that refuses to follow the order issued by the court, you may need to request enforcement. When you need an attorney to proactively represent your needs and ensure that the other person starts following the law, contact Penichet & Alberga LLP. Our firm will assess the case and diligently act in the best interests of our client. If you need a law firm to fight for your rights and family, contact us today.
What is a violation petition?
When a court order is violated, one party may request assistance through an enforcement petition or “violation petition” in the family court in the county where they reside. If the other party is not following the court’s direction, a violation petition may be the answer. The court will examine the defendant’s actions for a willful violation of the order. If they are able to find evidence of willful violations, the defendant will be responsible for demonstrating why they are unable to comply. If they cannot and are found to have willfully violated the court’s order, there may be consequences.
Child custody and visitation enforcement orders
When one party violates the order of the court regarding child custody and visitation, it may be a complicated matter. The court can take many actions. After the court hears the case of a violation, the judge may change the order in favor of the other party or impose sanctions against the party who has violated the direction of the court. The violator may be even held in contempt of court.
Child support enforcement orders
If the court ordered a specific child support structure to be followed and one party willfully violates the order of the court, the other spouse may need to take action and request the court’s intervention. The court has the authority to employ the Support Collection Unit (SCU). The SCU can either garnish the wages of the paying spouse, order a lump sum, and many other strategies that will fulfill the obligation to the child. The violator could also face contempt of court and other appropriate punishments.
Spousal Maintenance enforcement order
If your spouse will not pay you for spousal maintenance ordered after a divorce case, you may need to request the court’s intervention. Similar to child support enforcement, courts will help the payees recover maintenance after a violation. The courts may enforce the order through an income execution, requesting that the employer of the payer deduct the support and any arrears from the party’s paycheck, sending the money straight to the payee. If a party needs both child and spousal support, he or she may employ the services of the Support Collection Unit. If the party just needs enforcement of a spousal support structure, they cannot use the SCU. The court can further punish the payer by holding them in contempt of court and issuing the appropriate penalties.
Contact an experienced Westchester County enforcement attorney
If you are the victim of a court order violation, you need to act and protect yourself. If a court has ordered your ex-spouse to follow a support or custody structure and they willfully violated those directions, you may request that the court intervenes. When you need to recover back payments from your ex-spouse, you need a law firm with years of experience. With over 100 combined years of successful results, Penichet & Alberga LLP is known for its ability to effectively represent clients. If you need high-quality legal services regarding enforcement orders. Contact us by email or call 914-806-6675 for a consultation.