When a family law court issues an order of any type, be it spousal maintenance, child custody, or child support order, all parties involved in that order are required, by law, to comply with it. Unfortunately, sometimes parties, for various reasons, choose to ignore the orders of a court. When this is the case and you are adversely affected as such, our experienced Scottsdale enforcement attorney can help you to understand what to do and how to ensure that your order is enforced.
Enforcing a Spousal Support Order in Scottsdale
A spousal maintenance order may be very important to your financial wellbeing and ability to afford your costs of living. When this type of order goes unpaid, the financial consequences may be very serious, preventing you from meeting your reasonable needs.
If you have a court order for spousal maintenance and the other party is behind on payments by at least one month, you may file a petition to enforce a court order for support with Maricopa County. Once you file your petition, an order to appear before the family court will be issued. During the court appearance, parties will attempt to reach a resolution.
In the event that spousal maintenance continues to go unpaid, an income withholding order may be filed. An income withholding order instructs the employer of the party who is late on payments to withhold income from the party, so that this income can be used to pay spousal support.
Enforcing a Child Support Order
There are two ways to enforce a child support order: through the courts, and through the Division of Child Support Services. Through the court, you may file a petition to enforce a court order for child support, exactly like you would do with a request for maintenance payments. A court can hold the party who has not paid in contempt of court, meaning that they have violated a court order. This could lead to the party’s arrest.
You can also work with the Division of Child Support Services. The division can aid you in a number of enforcement strategies, including:
- Income withholding/wage garnishment;
- Tax return garnishment;
- Revocation of a professional or driver’s license;
- Asset seizure;
- Placing liens on property; and
- Criminal prosecution.
In many cases, working with an attorney and going through the courts is a much faster way of achieving a resolution.
Enforcing a Child Custody Order
One of the most frustrating things for a parent is dealing with another parent who consistently breaches a child custody order. In order to remedy this, you should gather certified copies of your child support order. Then, you should file a petition for enforcement of a child custody order. After this has been filed, the court will schedule a hearing date, and order both parents to attend the hearing. Keep in mind that even if your custody order is from another state, you can turn to the state of Arizona for enforcement of an order.
The Importance of Following Court Orders
It does not matter what the circumstances are; all parties are under an obligation to follow court orders. This is true even if the party loses their job and cannot pay a spousal support or maintenance award, wants to take a long trip with a child or will be out of town and therefore wants to change a custody arrangement, or whatever other reason. Court orders cannot be modified without direction from the court, and breaching a court order can have legal consequences.
How Our Law Firm Can Help
At the offices of Modern Law, PLLC, we understand what you are going through. We also understand that if your court order is not being followed, you may assume that it is easier to just ignore this fact rather than cause trouble. However, the longer you want to take action to enforce a court order, the more difficult the process becomes. If you need to enforce an order, it is recommended that you meet with our experienced Scottsdale enforcement attorney as soon as possible to discuss your case in more detail.
Our experienced Scottsdale enforcement attorney is here for you. From representing you in the court system to guiding you through the process of filing petitions, you can count on us. To schedule your initial consultation, please call our law offices directly, or fill out the form on our website, today. You can also text us for fast information.