Commack Enforcement Of Court Orders Lawyer
For many people, divorce is a long and emotionally draining process. Even under the best of circumstances it can take months to unwind a marriage and resolve certain issues like child support and spousal maintenance. Unfortunately, even after the judge issues the final divorce judgment, that does not necessarily mean an end to the legal process.
For example, what happens if your now-ex refuses to abide by the terms of the divorce? What if they stop paying child support or alimony? Your ex may feel entitled to take such steps, but as a matter of law they cannot simply ignore a court order. This is where an experienced Commack enforcement of court orders lawyer can step in and help you ensure they do comply with the law. At the Law Office of Joshua Adam Kittenplan, P.C., we represent clients who find they need to return to the courthouse after a divorce is final to enforce the terms of their hard-won judgment
Can My Ex Be Held in Contempt?
Even where a divorce is resolved amicably through a marital settlement agreement, the terms of that agreement must still be reviewed and approved by a New York Supreme Court judge. The terms of the agreement are then incorporated into the final judgment of divorce. This is important, because it means whatever terms you and your ex agreed to are now legally binding on both of you. Your ex cannot renege or insist you “alter” the agreement without court approval.
If someone disobeys a court order, they can be held in contempt by the court. In the context of a post-divorce proceeding, it is usually up to the party affected by the breach to file a motion asking the judge to issue a contempt finding. But the court always has the authority to hold someone in contempt on the judge’s own initiative. Depending on the facts or circumstances of a case, the judge can actually order someone to prison if they continue to violate the court’s prior orders related to alimony and child support.
In addition to a contempt proceeding, New York provides resources to help custodial parents collect child support from another parent who refuses to follow a court order. There are administrative procedures the state can employ to garnish a non-paying parent’s wages–even intercepting their unemployment benefits–to make payments. Similarly, if your ex owes you alimony, you can ask a judge to issue a money judgment, which entitles you to collect against their assets.
Contact Attorney Joshua Adam Kittenplan Today
When it comes to enforcing an existing court order, never allow your ex to play “hardball” with you. Once the court has issued its judgment, it is no longer a matter of negotiation. Your ex must comply. And if they do not, you have every right to take further legal action to secure their compliance. So if you need legal advice or representation from a qualified Commack enforcement of court orders attorney, contact the Law Office of Joshua Adam Kittenplan, P.C., today to schedule a free initial consultation.