Legal Actions to Enforce Existing Orders.
Do you find yourself in a situation where the other party is refusing to follow the court ordered separation agreement or parenting plan? Or maybe the other party is refusing to pay ordered child support, maintenance, or equalization payments? Or is the other party refusing to sign over property you were supposed to receive? Unfortunately, sometimes the only way to get someone to follow a court order is to take additional actions in court. In these situations, it may make sense to file a motion to enforce or C.R.C.P. 70 motion.
Motions to enforce generally are more expedient than contempt actions, and often offer better remedies. Some of the remedies for money related matters include entry of a judgment or entry of a qualified domestic relations order requiring division of retirement assets. Some of the remedies available for parenting time issues include imposing additional terms to existing parenting time orders, ordering parental education classes or family counseling, makeup parenting time, or fines. Not all remedies are available, or practical, for every matter.
C.R.C.P. 70 motions work well when one party refuses to sign over a vehicle or piece of property. In certain circumstances the court clerk can actually sign in place of the other party, putting the power back in your hands to make sure you receive what you were supposed to as part of your case.
Whether or not an enforcement motion makes sense will depend on your particular case. Contact us today to discuss what type of enforcement action makes the most sense for you.
Contempt actions can be very helpful in certain situations. If the other party is refusing to do something the court ordered them to do, and they have the ability to do it, then they might be held in contempt. Common examples of when a contempt action may be appropriate include failure to turn over personal property, failure to pay child support or maintenance, or failure to provide ordered information.
Contempt sanctions most often include fines or even jail time. Sometimes the court will enter new orders to compel the other party's compliance with the original order. Remember, the purpose of a contempt action is to get the other party to do what they are supposed to be doing. Sometimes the filing alone of a contempt action can prompt the other party to do what needs to be done. Contempt proceedings, however, are not always the best course of action for every situation. Some factual situations make contempt very difficult to prove. In other situations, contempt is not going to get the type of relief that you really want.
It is important that you talk to an experienced family law attorney to find out if contempt, or some other type of enforcement action, is right for you.
If you are owed unpaid child support or maintenance, it may make sense to file for a judgment. There are different rules for judgments, depending on when the underlying support order was entered, and depending on the type of support for which you are seeking a judgment. Judgments especially make sense if the owing party has accounts that can potentially be garnished. Whether or not this enforcement route makes sense will depend on your particular situation. Before deciding the best course of action for your particular situation, you should consult with an experienced family law attorney.