Many people find themselves in the position of having a valid Court Order but the other party to that Order is not following it. In cases like this Davidson Law can help by filing a Motion to Enforce or defending the party who has had a Motion to Enforce filed against them.
There are generally two ways in which people violate Family Court Orders. The first is nonpayment of child support or medical support. In those cases Davidson Law will file a Motion to Enforce and ask that the non-paying party be held in contempt of Court and/or jailed for their failure to abide by the Court Order. To be successful in a case like this the person filing the motion must be able to prove by documentary evidence that the other person did not pay the Court Ordered child support or medical support. Non-payment is of child support is usually very easy to prove because the Attorney General keeps record of it. Non-payment of medical support can be more difficult so it is important to keep good records. Most Orders provide that each party pay 50% of the uninsured medical expenses of the child. If this portion of the Order needs to be enforced you must be able to present the Court with each medical bill you want the other party to pay. In many cases the non-paying person will be put on a payment schedule and placed on probation or community supervision. In some cases the non-paying party makes a lump sum payment. In very few cases the non-paying party is incarcerated. On the other hand, if you are the alleged non-paying party the attorneys at Davidson Law can help you by showing the Court any financial hardships you have faced and making sure the other party properly proves their case for unpaid medical expenses.
The second way people frequently violate Family Court Orders is refusing to surrender the child or children to the other parent when it is their Court Ordered time for possession. In these cases Davidson Law will file a Motion to Enforce and ask that the refusing parent be held in contempt of Court. Again, these cases can be difficult to prove and the person who was refused possession must be able to prove that they were at the designated location for pick-up of the child at the designated time and that the other person still refused them possession of the child. The usual remedy in these cases is for the parent who missed time with their child to be granted make-up time. Make-up time is often added to the summer or Spring Break. If you are the person who refused time to the other parent the attorney at Davidson Law can help you explain to the Court why you did so and you may need to file a Motion to Modify the current Order because you feel the children are not safe with the other parent.
It can be very frustrating for one party to abide by the Court Order while the other party flouts it. Fortunately the law provides for a method to enforce Court Orders and Davidson Law is experienced in this area of practice. If you are on either side of this situation Davidson Law is here to help.
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