Enforcing Family Court Orders in California
Learn Your Rights from a Westlake Village Family Lawyer
To enforce a court order, you will need to show the courts that the other person is in “contempt of court,” and has not been following the terms of your divorce agreements. Contempt of court cases range from violations involving child custody, child support, visitation, spousal, support, property division, and many other court orders stemming from a divorce.
If you find that your ex is refusing to comply with the orders or communicate with you or the court, you have the right to know your legal options. Discuss your case with a Westlake Village family law attorney from the Law Offices of Jeffrey S. Graff. As an attorney with over 35 years of experience, I have keen understanding of the law and have a build a reputation for client-focused services.
How to Enforce Court Orders
The petition first begins by providing proof to the courts and filing the Order to Show Cause and Affidavit for Contempt form. You can download that form here. As the filing party, you must provide proof that your ex is in contempt, by providing evidence that he or she is violating the terms of your agreements.
Here is a list of some of the necessary requirements:
- The court order must be valid—with specific rules for carrying out the order
- The other party should have been fully aware that the order existed, for example, he or she was present during the court proceedings
- The other party violated the court order
The last element is perhaps the most difficult matter for the initiating party to prove, however, as the circumstances can vary, depending on the facts of the case. For example, in cases such as child support or spousal support, the accused must continuously make monthly payments. For each missed month or late payment, that person has already violated the terms. Courts can choose to garnish the other partner’s wages or withhold tax refund, as examples, which may be a drastic, but necessary step, in order to recover any lost finances.
Divorce matters can be some of the most complicated and stressful situations to manage; it does not help when your ex adds more burdens to the situation by refusing to pay. You have the right to seek legal assistance for your case and you do not have to continue putting up with it. Call my Thousand Oaks firm right away for to discuss how we can help resolve this matter most effectively. I put your goals ahead and do everything in my power to achieve them for you.
Contact me at (805) 633-4999 today to request your free consultation!