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Support And Child Custody Enforcements

Every lawsuit has the potential to become two lawsuits. The first is to press your point of view. The second is to collect on the first. Just because a court order exists doesn’t mean both sides will comply with it.

Divorce decrees are not always complied with. These are some of the ways they fail to achieve the intended result:

• A parenting plan is agreed on, but one parent violates it constantly, skipping visits or blocking a parent’s legitimate visits.
• A parent attempts to remove the child from Arizona without going through the courts.
• A parent declines to pay child support.
• A parent fails to pay debt held in the parties’ joint names.
• One parent fails to refinance a home or vehicle to remove the other parent from the debt, as promised.
• Your ex-spouse declines to pay spousal maintenance.
• You have been held in contempt of a court order.
• Your ex-spouse was ordered to sell the family home and divide the proceeds between you, but has not taken action on the order.

Court enforcement is a tool available when one party disobeys court-issued orders.

Contempt Of A Court Order And Other Actions

When a party fails to follow orders, you have legal options. Child support payments can be tracked through the Family Support Registry (FSR). Arizona’s Division of Child Support Enforcement operates a Child Support Evader program to facilitate enforcement. Other tools at your disposal include contempt, garnishment and attachment of earnings. Arrest warrants can be issued. In some cases, contempt can lead to time in jail.

Enforcement cases go both ways. Just demands can be made and unjust demands can be opposed. Our attorneys represent both sides in enforcement matters: the complaining party and the party who believes the complaints are untrue or unfair.

For further information about support and child custody enforcement, talk to Scottsdale family lawyer Sandra Slaton at 480-448-6851, or email her at this address.

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