x N. Lawrence Hudspeth III

Enforcing Family Court Orders

Date Posted: March 31, 2021 1:11 pm

Enforcing Family Court Orders

There is no guarantee that your ex-spouse will obey the court’s orders after a divorce in North Carolina. Given that divorce is premised on court orders-child support, visitation, spousal support, and asset division-you’ll need legal help to help enforce these orders. Call family law attorney Larry Hudspeth at (910) 455-9921.

Many exes do not follow up on commitments after a divorce. A North Carolina family law lawyer can help to enforce the court orders if the other spouse does not follow the child visitation schedules, fails to make spousal support payments or refuses to do any other act required.

North Carolina Family Court Orders

During a divorce, a court may issue judicial orders if deemed appropriate. Temporary orders are special orders that last until a particular event, such as an ex getting remarried or a child turning 18. Court orders include:

  • Visitation
  • Separation agreements,
  • Alimony
  • Post separation support,
  • Property division
Enforcing Family Court Orders

Child custody and visitation plans and support payments are the most commonly violated court orders. Generally, it is the aggrieved individual’s responsibility to inform the court of the violation.

A party who begins violating a valid order and gets away with it may ignore all other provisions. You deserve representation in cases where the other party is depriving you of child support, money, or time with your children.

Enforcing Marital Separation Agreements

Separation agreements go by different names. Divorcing couples often sign marital settlement agreements (MSA), which are legally binding contracts.

As part of an MSA, the couple decides on various issues related to their divorce, including child custody, child support, visitation, spousal support, and property division.

If any of the agreements are violated, you can submit legal paperwork to the court to enforce the terms of the MSA. You will need to demonstrate that your ex-spouse has not followed the agreement.

Enforcing Alimony Payment

A divorced individual may live primarily on alimony or spousal support after the divorce. If alimony payments go unpaid for some time, the defaulting spouse needs to be held accountable.

The payer must make payments as long as the order remains in place. He or she may be held in contempt for non-payment of support and can be arrested. Their wages may be garnished or collected, or their property sold.

Make sure to get the alimony payments you deserve. If your ex-spouse does not make total payments on time, speak to a lawyer.

Enforcing Child Custody Agreements

Parents put in place a schedule for child custody and visitation after a divorce. The visitation schedule is effective in ensuring both parents get time with their children. A parent who violates visitation schedules is unfair to both the other parent and the child.

If you cannot see or spend time with your child because of the malicious actions of your ex-spouse, you can get the courts to enforce the child custody agreement. If found in contempt for violating a valid order, the defaulting party may be fined, jailed, or ordered to pay attorneys’ fees.

Enforcing Family Court Orders

What if you are unable to fulfill a court order?

Please consider filing a motion to modify a court order if you find yourself unable to adhere to its terms.

Larry Hudspeth Can Help You Enforce Court Orders

Call (910) 455-9921 to inquire about your case’s enforcement options.