Enforcement of Orders and Agreements

If an Order has already been entered by the court, but the opposing party refuses to comply with the provisions of the Order, it may be enforced through contempt proceedings in which the court will assess whether the party violated the court order and then may enter sanctions, fines, imprisonment, attorney’s fees etc. depending upon the Judge’s findings and determinations.

A separation agreement that has not been incorporated into a court Order is not enforceable by contempt proceedings. However, such unincorporated agreements are contracts which can be enforced in the same manner as any other contract through an action for breach of contract and monetary damages. The equitable remedy of specific performance may also be available.

Motions to Enforce:

  • These motions alert the court to a violation of an existing order and request the court to compel compliance. They do not automatically impose penalties but can lead to further action if the violation persists. 

Motions for Contempt:

  • These motions seek to hold a party in contempt of court for willfully violating a court order. If found in contempt, a party can face penalties like fines, imprisonment, or other sanctions. 

Enforcement Mechanisms:

  • Wage garnishment: Directing an employer to deduct support payments from a non-compliant parent’s wages. 
  • Lien on property: Placing a hold on a property to prevent sale or refinance until debts are paid. 
  • Seizure of property: Taking possession of property to satisfy debts or distribute assets as outlined in the order. 
  • Modification of orders: Adjusting the terms of the original order to better reflect current circumstances or address non-compliance. 

Enforcement in Child Custody:

  • Reporting violations to the court: Documenting instances of non-compliance with visitation schedules or other custody terms. 
  • Police intervention: In serious cases, such as potential child endangerment, law enforcement may be called upon to enforce the order. 
  • Modification of custody agreements: If one parent consistently violates the order, the court may consider modifying the custody arrangement.