When a court enters an order in a family law matter, it is expected that both parties will follow it. That is generally how the system is supposed to work. Unfortunately, that is not always what happens. In many cases, one party stops complying, whether that means missed support payments, ignored parenting schedules, or unfinished financial obligations after a divorce. If you are dealing with a situation where a court order is not being followed, a skilled Mercer County family law enforcement lawyer from The Law Office of Rachel S. Cotrino, LLC can step in and help. Contact a Mercer County family lawyer for an initial consultation today so we can discuss your case.
What Does “Enforcing a Court Order” Mean?
Enforcing a court order essentially means asking the court to require compliance with an order that is already in place. In other words, the court is not being asked to change anything. Instead, it is being asked to make sure that what has already been decided is actually being followed.
This is where it becomes very important to understand the difference between enforcement and modification, because the two are often confused. They may sound similar, but they are used in very different situations.
A modification is appropriate when something in your life, or your former spouse’s life, has changed in a meaningful way. For example, if someone loses their job, experiences a significant change in income, or there is a major shift in a parenting schedule, the proper course is to request that the court modify the existing order. The court will then review the circumstances and determine whether a change is justified.
An enforcement action, on the other hand, assumes that nothing has changed. The order is still valid. The issue is simply that one party is not following it.
You may need to pursue enforcement in situations such as:
- A parent has stopped paying child support or is consistently behind
- Alimony payments are not being made as required
- A parenting time schedule is being ignored or interfered with
- One party refuses to transfer assets or property that were awarded in a divorce
- A former spouse is not complying with financial obligations outlined in a settlement agreement
What Types of Family Court Orders Can Be Enforced in New Jersey?
Family court orders in New Jersey can cover a wide range of issues, and most of those orders can be enforced if one party fails to follow them. Because these orders are issued by the court, they carry legal weight, and violations are taken seriously. Some of the most commonly enforced family court orders are as follows:
- Child support orders
- Monthly child support payments
- Payment of past-due support, also known as arrears
- Contributions to health insurance or unreimbursed medical expenses
- Alimony or spousal support orders
- Ongoing payment obligations
- Lump sum payments required under a divorce judgment
- Enforcement of unpaid balances
- Child custody and parenting time orders
- Compliance with established parenting schedules
- Observance of holiday and vacation arrangements
- Adherence to restrictions on travel or relocation
- Equitable distribution orders
- Division of marital assets, including bank accounts and retirement funds
- Transfer of property such as real estate or vehicles
- Payment of money owed under a settlement agreement
- College expense and educational contribution orders
- Payment of tuition and related costs
- Allocation of responsibility between parents
- Insurance and financial protection requirements
- Maintaining life insurance policies
- Providing health insurance coverage
- Paying required premiums
- Other provisions contained in a divorce judgment or agreement
- Compliance with agreed-upon responsibilities
- Adherence to specific behavioral or financial terms
If a court has ordered something to be done, and one party refuses to do it, the other party has the right to seek enforcement.
What Is a Motion to Enforce Litigant’s Rights in New Jersey?
In New Jersey, the primary way to enforce a family court order is by filing what is known as a motion to enforce litigant’s rights. This motion is filed with the court and asks a judge to require the non-compliant party to follow the existing order. To file this motion, you will generally need to provide:
- A formal notice explaining what you are asking the court to do
- A written certification outlining what has happened and how the order has been violated
- Supporting documentation, which may include prior court orders, payment records, or communications between the parties
Once the motion is filed, the court will review the paperwork. In some cases, the judge may decide the issue based solely on the written submissions. In other cases, the court may schedule oral argument so both sides can present their positions. Depending on the circumstances, the court may:
- Order immediate compliance with the existing order
- Require payment of overdue support or other financial obligations
- Award attorney’s fees and costs to the filing party
- Grant make-up parenting time if time was wrongfully denied
- Implement enforcement measures such as wage garnishment
- Impose sanctions, and in more serious situations, consider additional penalties
What Happens If Someone Violates a Family Court Order in New Jersey?
When a family court order is violated, there is generally a process that follows. While every case is different, most enforcement matters move through a series of steps that are fairly consistent.
- First, the violation has to be identified and documented. This means gathering any proof that shows the order is not being followed. That could include records of missed payments, written communications, or documentation showing that parenting time has been denied.
- Next, some people attempt to resolve the issue informally. In certain situations, a simple reminder or a communication through attorneys can resolve the issue without court involvement. Of course, this is not always effective, particularly if the violation is ongoing or intentional.
- If the issue is not resolved, a motion to enforce litigant’s rights is filed. This formally brings the matter before the court and asks for intervention.
- The court will then review the motion and any response filed by the other party. Depending on the case, the judge may decide the matter on the papers or schedule a hearing so both sides can be heard.
- If the court determines that a violation occurred, it will issue an order addressing the situation.
- This order is designed to correct the noncompliance and prevent it from continuing.
- If violations continue, further enforcement may be necessary. Courts in New Jersey have the authority to take additional steps to ensure compliance, especially when prior orders have been ignored.
It is also worth noting that courts will often look at the reason behind the violation. If a party had a legitimate reason, that may be considered. However, if the violation is found to be willful, the court is more likely to impose stronger remedies.
Contact a Family Law Enforcement Lawyer in Mercer County, NJ
If you are dealing with a situation where a court order is not being followed, or you have been accused of violating one, it is important to understand your rights before taking action. The Law Office of Rachel S. Cotrino, LLC assists clients throughout Mercer County with enforcement matters and can help you determine the most appropriate next step based on your specific circumstances. Contact a family law enforcement lawyer from our firm for an initial consultation today.
