If one of the parties fails to comply with the requirements of an order for dissolution or a child-related matter, it may be necessary to seek the court’s assistance to enforce that order.

 

There are various special procedures available to enforce child or spousal support orders, including earnings withholding orders, monetary penalties and interception of government payments and benefits.

 

In a visitation matter, the custodial parent may be found guilty of contempt if he or she removes the child from the state in order to frustrate the other parent's rights of periodic custody or visitation. Likewise, the non-custodial parent may also be held in contempt if he or she fails to return the child to the custodial parent after scheduled visitation. A court's judgment holding a parent in civil contempt does not bar a subsequent criminal action for the same conduct, because the criminal prosecution does not violate the double jeopardy provisions of the state or federal constitutions.

 

Kirk & Simas is experienced and prepared to assist you whether you need help modifying, enforcing or defending a judgement or order. For more information contact us for a consultation.

 

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