Rockland County Enforcement Order Attorney
Representing clients who need to enforce an order
When a family law matter concludes, the court will issue an order to be followed by all involved in the case. When a party doesn’t follow a court order, there are consequences. Courts will issue orders for matters including alimony, child support, child custody, child visitation, property distribution, and even relocation. If a party willfully disregards a court order, there may be a need for action. If you are the victim of an ex-spouse who refuses to follow a court order or someone being accused of violating a court order, contact our firm for a consultation today. The Law Offices of Mark S. Paige, P.C. has been a legal resource for Rockland, Westchester, and Orange County for over 25 years. If you need legal support to enforce an order, contact our firm to discuss your situation.
If a person needs to request intervention because a court order is being ignored or not properly followed, the victim may be able to seek relief through a violation petition, also known as an enforcement petition. Hearing the request, the court will examine the situation and look for a willful violation. If the investigation establishes a willful violation, the defendant can attempt to demonstrate an acceptable reason why they cannot comply. If they cannot convince the court, they could face serious consequences for violating the court order.
Child custody and visitation
When a court order regarding custody or visitation is violated, the court will quickly act in the best interests of the child. If one party is found to willfully disregard a judge’s decision, he or she could face serious consequences, including a change of custody arrangement and a contempt of court decision.
If a court order has been willfully violated regarding child support, the court will provide a mechanism to recover lost funds. New York courts have the discretion to use the Support Collection Unit (SCU) to fulfill the obligation of the violating party. The court can decide on how to proceed with acquiring the money for the victim, including garnishing wages or ordering a lump sum. In some cases, the violating party may even be held in contempt of court or face other punishments.
If a person is a victim to a spouse that willfully violates a court order for spousal support, an enforcement petition may be a good option. Like a child support petition, a court can help a dependent person pursue the support they deserve. The court may issue an income execution. This requests action by the violator’s employer in the matter at hand. An employer may be required to withhold a certain amount of money and send it to the dependent party. If the violation is for both child support and alimony, then and only then may the court request action by the Support Collection Unit. The court may decide to take further action against the other party through a charge of contempt of court and other appropriate penalties.
Contact our firm to discuss a violation petition
Our firm understands how a violation of a court order can impact your ability to move on and sustain a life you deserve. If you need a law firm to help you draft and file a violation petition or defend against one, contact our firm. The Law Offices of Mark S. Paige, P.C. will assess your situation, guide you through your legal options and fight for your future. Contact our attorneys for a consultation today.