You may feel the immediate and overwhelming impact of a former spouse or co-parent who fails to comply with a standing court order. Namely, missed ignored alimony obligations, missed child support payments, and denied child visitation may disrupt your and your child’s stability and well-being. At Barrows Levy, PLLC, we are here to remind you that court orders are legally binding, and when they are violated, action may be necessary. Continue reading to learn how our experienced Long Island enforcement proceedings lawyers can help you enforce your rights and restore compliance with your divorce or family court judgment.
Understanding Enforcement Proceedings in New York Family Law
When a divorce or family court case concludes, the terms and conditions set forth in the final judgment are by no means an option, but rather enforceable directives by the court. So when one party fails to abide by these directives, the other party may return to the same court to seek an enforcement order, along with financial recovery for the violations that have occurred. With that being said, filing an enforcement action is common under any of the following circumstances:
- Unpaid or underpaid alimony: when a supporting spouse stops paying or falls short of a maintenance agreement, the receiving spouse may experience a drastic, immediate drop in the standard of living they have grown accustomed to.
- Unpaid or underpaid child support: when a supporting parent misses payments or only partially pays, the receiving parent may struggle to cover essential expenses for the child.
- Violation of custody or parenting time orders: when one parent repeatedly fails to adhere to exchange schedules, relocates a child out of state or far away, etc., the other parent may become significantly deprived of their parenting time.
- Non-compliance with property distribution terms: when one party refuses to transfer assets, satisfy debts, etc., the other party may experience severe financial losses, negative legal and tax implications, etc.
What to Expect from the New York Enforcement Process
Just like every divorce or family court case differs, so does every enforcement proceeding. Generally speaking though, when working with the New York State family court, a petitioner may expect to undergo the following structured process:
- Filing a claim: a petitioner may file a violation petition or enforcement motion with the same family court that issued the original order, and outline the specific provisions that were violated by the other party.
- Serving the paperwork: a petitioner must ensure that the other party is served with notice of the proceeding, to which they may possibly respond with an inability to comply rather than a refusal.
- Attending a court hearing: a petitioner may present evidence, documentation, and testimony to demonstrate that the order was violated, and the other party may have the opportunity to do the same and counter their argument.
- Receiving a judicial determination: if the court determines that a violation indeed occurred, it may impose remedies designed to correct the situation and deter future misconduct from the violating party.
Of note, the court may carry broad discretion when it comes to which remedies to order. Possibilities may include a money judgment, wage garnishment, bank account seizures, professional or driver’s license suspensions, attorney’s fees awards, contempt findings, etc. In extreme cases, when the violation is believed to be willful, incarceration may even be ordered.
The Importance of Acting Promptly
Swift legal action against a non-compliant former spouse or co-parent is highly recommended. This is because the longer one waits, the more likely their patterns of non-compliance may worsen, and the more harm they and their child may experience. What’s more, as more time goes by, the more difficult it may be for them to gather relevant evidence to present to the court.
In some cases, filing for enforcement may prompt voluntary compliance from the other party before the hearing occurs. If not, though, we will know that we must prepare to fiercely advocate on your behalf to secure the necessary results.
In some cases, filing for enforcement may prompt voluntary compliance before the hearing occurs. In others, aggressive courtroom advocacy is necessary to secure results. Understanding the nuances of family court practice on Long Island is essential to navigating these matters effectively. Therefore, retaining a strong family lawyer increases your likelihood of success and reduces any unnecessary delays in getting the treatment you deserve.
Contact Our Long Island, NY Enforcement Proceedings Lawyers Today
The skilled Long Island enforcement proceedings lawyers at Barrows Levy, PLLC represent clients throughout Nassau County, Suffolk County, and the greater Long Island region in post-judgment enforcement matters involving child support, child custody, alimony, and financial obligations as a whole. We combine strategic courtroom advocacy with a deep understanding of local family court procedures to pursue meaningful results. Whether your matter requires firm negotiation or fierce litigation, our team is prepared to protect your legal rights and seek full compliance with existing court orders. Contact Barrows Levy, PLLC today to schedule an initial consultation and take the next step toward restoring your stability and enforcing accountability.
