Enforcement and Contempt

Enforcement and Contempt

Unfortunately for many people, the entry of a Divorce Decree or Custody Judgment is not the end of their litigation experience.

In some cases it may be necessary to seek court intervention to require the other party to follow a court order.  In family law cases there are two (2) methods to achieve this.

A Petition to Enforce the Judgment or a Motion for Contempt.

A petition to enforce ask the judge to force the other party to do or not do what they are ordered to do in the Judgment.  Typically this is used to force the sale of a home or a refinance, to pay debts, or to enforce a custody schedule.  In this situation, the court’s recourse it to force the party to comply and to order attorney fees if necessary.

The second option is a Motion for Contempt.  A motion for contempt asks the court to hold a person in contempt and sentence them to jail time or impose fines for not complying with a court order.

Both are effective ways of getting compliance with the orders, however they can be very nuanced and, especially in the case of contempt, they have to be very specific in the documents you provide to the court.  We can help you navigate this process.

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Contact us today for help with your enforcement and contempt cases.

208-345-1388