Oceanside Enforcement Action Lawyers
Ensure Compliance with Divorce Orders & Agreements throughout Vista, Escondido, San Marcos, Carlsbad and Encinitas
The terms of a divorce agreement are legally binding for both individuals involved. Even though changing situations may require a modification to previously established matters – such as child support payments and custody rights – both former partners must abide by the terms of the existing agreement until those modifications are made. Unfortunately, it is far too common for one spouse to ignore the terms of a divorce agreement, particularly in regards to support payments.
As our legal team at Fischer & Van Thiel, LLP, well knows, there are many people in Southern California who suffer frustration and harm as a result of their former partner not abiding by the stipulations of their divorce agreements. In many cases, the only way for the other spouse to get justice in these situations is to pursue legal enforcement actions. By taking enforcement action, people are often able to get their former spouse to follow their divorce agreements, something that is necessary to their well-being.
If you need help seeking an enforcement action, turn to Fischer & Van Thiel. Call (760) 621-7101 or contact us online.
Enforcement Action: How It Can Help
Once the court has decided that someone is responsible for paying certain debts, child support, spousal support, or agreeing to child visitation, if your spouse fails to meet that obligation, you can file a motion to show cause for contempt.
Enforcement actions may be necessary to uphold:
- Alimony payments
- Child support payments
- Child visitation rights
- Child custody schedules
- Property division agreements
Simply filing a motion for contempt does not automatically lead to serious consequences. Often, the judge will give the accused spouse a second chance to make up for the infraction and do what the order requires. However, if they fail to comply within the allotted time given (without a legitimate reason or excuse), then there can be both civil and criminal penalties enforced by the court.
Penalties can include:
- Order to pay the accusing party’s attorney fees
- Compensatory custody time
- Jail time
Since the goal of a contempt action it to ensure a compliance with a court order, if the offense is withholding spousal support or child support, then the court is unlikely to pursue further punishment once the back support has been paid. The court may, however, order the spouse that is in contempt of court to pay a little extra for their support payments until they’re caught up.
Contact an Enforcement Actions Attorney in Oceanside
If you are divorced and your former spouse is refusing to comply with the terms of a divorce or separation agreement, Fischer & Van Thiel can help. We are aggressive in pursuing enforcement actions to ensure that justice is served.
Speak with us about your situation and how enforcement actions may be necessary by calling (760) 621-7101.
Over 15 Years of Experience
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