Post-Judgment Enforcement Attorney Nassau & Suffolk Counties

Court orders and divorce judgments are legally binding agreements that theoretically should protect all parties’ rights. However, when one party fails, refuses or is unable to comply with the terms of these orders—whether related to child custody, child support, spousal support, or property division—it can create stress, frustration, and financial difficulties. Enforcing these court orders can be necessary and critical to maintaining stability and ensuring the terms of the agreements or court orders are honored.

Enforcement Actions in Cases of Non-Compliance with Court Orders

At Joseph Law Group, P.C., we understand the challenges when dealing with non-compliance following a divorce. Our experienced attorneys work tirelessly to enforce court orders and protect your legal rights. We are committed to delivering strong advocacy and personalized solutions, helping you resolve post-judgment issues as swiftly,effectively and efficiently as possible.

Common Enforcement Issues

Post-judgment enforcement issues arise when one party fails to meet the obligations detailed in the divorce agreement or court order. The most common enforcement problems include:

Non-Compliance with Custody Arrangements: When a parent refuses to adhere to custody or visitation schedules, it can disrupt the child’s well-being and damage the co-parenting relationship. Sometimes, parents may withhold visitation rights or fail to return the child at the agreed-upon time, violating the court order.
Failure to Pay Child Support or Spousal Support/Alimony/Maintenance: Support payments are essential to maintaining financial stability, particularly for children and the financially dependent spouse. When these payments are missed or withheld, it can cause significant hardship for the receiving party.
Issues with Property Division and Distribution: Divorce judgments may include the division of marital assets, real estate, and personal property. When one party refuses to comply with the court-ordered distribution of assets, enforcement action may be required to ensure fair distribution. Frequently, this occurs when the agreement or order provided for the former marital residence to be sold at a future date. Years later, that date arrives, and the party residing in the residence refuses to sell.

Legal Mechanisms for Enforcement

There are several legal tools available to enforce divorce judgments and court orders:

Wage Garnishment and Bank Levies: If one party fails to meet their financial obligations—such as child support or maintenance/alimony—the court can order wage garnishment or a levy on their bank accounts to recover the owed amount. These measures directly target the non-compliant party’s income or assets to enforce payment.
Contempt of Court Proceedings: If a party willfully violates a court order, the court may find them in contempt. Contempt of court is a serious legal consequence that can lead to fines, wage garnishment, and even jail time in extreme cases. This action is intended to force compliance with the original judgment.

Steps to Enforce a Judgment

If you face non-compliance, taking immediate action to protect your rights is important. Here are the steps typically involved in enforcing a judgment:

Obtain expert legal advice: While the steps below outline the procedure, it is critical that you get advice early on, even before your former spouse has defaulted if they have made clear an intention not to honor the terms of the agreement or order. And, if you are the spouse who is obligated to pay, and cannot, it is imperative that you speak with an attorney ASAP so that you understand your exposure and what you may be able to do to mitigate that exposure.
Gather Evidence of Non-Compliance: Collect all relevant documents, such as emails, texts, payment records, and other communication proving that the other party is not following the court order.
Attempt to Resolve the Issue Informally: Sometimes, a direct discussion with the non-compliant party or a mediated conversation can resolve the issue without court intervention.
File a Motion for Enforcement in Court: If informal attempts fail, the next step may be to put the party on formal notice and then to file a motion in court to enforce the judgment. The court will review the evidence and may issue additional orders or penalties to compel compliance.

Potential Outcomes of Enforcement Actions

After you file a motion for enforcement, the court may take several actions to resolve the issue and ensure compliance with the original order:

Court Orders and Penalties: The court may order non-compliant parties to fulfill their obligations immediately, potentially adding penalties such as fines or interest on missed payments as well as ordering your former spouse to pay towards your counsel fees.

Remedies Available to the Non-Compliant Party: The court may allow non-compliant parties to explain their failure to comply. In cases where financial hardship is the cause, the court may modify payment terms or create a plan to resolve the arrears.
Legal Consequences: Failure to comply with court-ordered modifications can result in serious legal consequences, including wage garnishment, seizure of assets, and, in extreme cases, imprisonment. Compliance with court orders is necessary to avoid escalating legal issues.

Strong Advocacy When You Need it Most

Enforcing a divorce judgment or court order requires experienced legal representation to resolve these issues appropriately and as quickly and efficiently as possible. At Joseph Law Group, P.C., our post-judgment enforcement attorneys in Nassau County will guide you through the enforcement process, ensuring that your rights are protected and that the court’s original orders are honored whenever possible. Whether you are dealing with missed support payments, custody violations, or property division disputes, we are ready to help you with solutions that resolve these critical matters.

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