When matters of divorce and family law are decided upon, the court will issue an order. This is considered the law. Therefore, it must be followed by all parties. If one spouse chooses to not cooperate and ignore the order, it can be enforced by the court. Continue reading below to learn more and contact an experienced New Jersey attorney for assistance during this time.
When is a Court Order Violated?
There are many different types of court orders that can be created in New Jersey. When dealing with divorce or family law, these can relate to child custody, child support, visitation, alimony payments, and equitable distribution of property. If one party fails to keep up their end of the agreement, it is considered a violation of the court order. This may take place in the event of the following:
- The child’s other parent is not following a visitation plan
- Child support or alimony payments are not being made
- The former spouse is disobeying court orders regarding the division of property
- Penalties for contempt of court/Being accused of contempt of court
How is a Court Order Enforced?
When one party is not following their court order, it is possible to try and handle the situation on your own. This may be possible by discussing the matter with them in order to try and get them to do their part. However, if that does not work, a judge can legally enforce the order. To do so in the state of New Jersey, you are required to file a motion known as an Order Enforcing Litigant’s Rights. If the other party still chooses to not cooperate with the court order, they can be held in contempt of court and face certain consequences. In some cases, they can be arrested if there are no other options left. If your former spouse is not following a court order, it is best to retain the services of an experienced attorney who can help you get the order enforced properly.
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Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a consultation.