Enforcement of Support Orders

There can be a lot of celebration around a marriage, but when you strip away the ceremony, the reception, and the cake, you’re left with a civil contract between two people. That contract is governed by state law that details your mutual rights, benefits, and financial obligations. Those same state laws govern the dissolution of marriage. Because your marriage is a civil contract, it can only be dissolved by the court. That is when the issue of support orders arises.

Every aspect of your divorce, from who gets the house to where the children will live, will be a part of a support order. These are not suggestions that you can opt in or out of. They aren’t open to interpretation. They are court orders and, as such, are meant to be followed.

Unfortunately, you might run into a situation with your ex where they aren’t following the support orders as they should. That is when you need to return to the court and request some form of enforcement. This is where you need the support of experienced family law attorneys at Davis & Associates. We can review your orders and file a motion for enforcement.

We understand that these matters need a quick resolution so you can get your life back on track. It will help to understand how court orders are enforced. The following guides provide that framework.

Common Challenges in the Enforcement of Support Orders

Support orders are related to financial support. These could be child or spousal support or a combination of both. When challenges arise, your ex will either inform you that there is a problem, or the funds will not appear as they should. When seeking enforcement, you and your attorney will need to consider all the potential challenges, including the following:

Unreported Income

One tool for enforcing a support order is wage garnishment. However, if your ex is working at a job that pays in cash, there won’t be a chance to garnish wages.

Job Loss or Income Changes

There could be a situation where your ex changes their job status. If their hours are cut or they are laid off, it can impact their ability to maintain their support obligations.

Inability to Pay

A genuine financial hardship, such as unexpected repairs or medical bills, can make meeting obligations difficult. Before you can get a response from a judge, your ex will be allowed to present their side of the story. Your attorney will be prepared to respond.

Modifying a Support Order Vs. Enforcement Actions

Depending on the circumstances, you might agree that the best course of action will be to modify the support order rather than triggering enforcement actions. For example, your former spouse might have a significant change in their employment status. It would be hard to garnish wages if they aren’t making a salary. They might also have taken on a different job that pays less than what they were earning at the time of the original agreement.

When presented with the proof, the judge can issue a modification to the previous support order that takes into account the new circumstances. If the employment status is temporary, the judge can include that in the order as well.

On the other hand, your ex may refuse to pay for a variety of reasons. If they don’t respond to a court order, enforcement actions can then be taken.

How a Family Law Attorney Can Help You

When a court issues a child support or spousal support order, it is not optional. A support order is legally binding. That support is also something you rely on, and without it, there could be a huge financial strain. Fortunately, there are options you can pursue to enforce those orders. That will require an appearance before the family court judge.

The family law attorneys at Davis & Associates provide compassionate guidance and strong advocacy for our clients who need to compel an ex into compliance.

Our attorneys are well-versed in all applicable state laws governing parents who need to enforce their support orders.

If a support order is not being honored or if you have been accused of noncompliance, contact Davis & Associates today to schedule a consultation. We are here to help you restore stability and secure what you are owed.