A motion to enforce is a request to the court that it presides over when someone isn’t following a court order. For example, this may include unpaid child support or lack of custody with the family. If there is a compelled order, the other party can ask the court to enforce that compelled order by asking for the court to enforce it.
For instance, this could involve a parent who refuses to adhere to a custody schedule repeatedly. This consistency can disrupt the other parent’s life, affecting everything from work to family. A petition to enforce provides the compliance parent with means to respond to the situation through legal channels in order for the court to be followed and observed.
Common Family Law Orders That Can Be Enforced
Not all court orders are the same, especially family law. There are lots of orders to enforce, including:
- Child support
- Alimony
- Custody arrangements
This likely is the most common thing. If the parent is not making payments they were supposed to, the other parent can ask the court to enforce that order. But it’s not about money. Even custody and visitation arrangements are also key, especially when it concerns the welfare and stability of a child.
Imagine the pain and frustration of parent who never knows if the other parent will appear to show up for their scheduled visitation.
Not only do we all feel trapped in uncertainty, but it can be incredibly harrowing for everyone involved, particularly the child. This means that implementing those orders is sometimes necessary in order to maintain the sense of predictability and fairness so that all parties comply with what was agreed upon or ordered by the court.
Steps to File a Motion to Enforce
A motion for enforceability requires attention to detail. First, you’ll need the necessary paperwork. This includes a copy of the original court order and any evidence that the other party did not comply with it. This evidence could be any including missed child support payments, or communication that the parent did not adhere to the custody agreement.
You will have to fill out forms to get your documents ready. These forms will vary depending on what state you are in and you should always make sure you’re using the correct forms. Until that is completed, the papers are mailed to the court issued the original order. These will often require a filing fee, but be prepared for that.
A hearing will be held after filing and both parties will be able to share their ideas. The judge will decide whether to enforce the order or whether to move further.
Motion to Enforce vs. Motion for Contempt
They function differently and it can be hard to put a motion to enforce versus a motion for contempt. A motion for enforcement is about requesting the court to enforce a order. In contrast, the intent of a complaint for contempt is that someone must be accountable for failing to follow court orders and penalties such as fines or even jail time are available.
What I mean to imagine is a motion to enforce to get things back on track. The legal equivalent of saying, “Hey, we agreed to these terms and you’re not following them.” A complaint for contempt is more like a call out for violating the court. Even if someone is found in contempt, the court might punish them with penalties for compliance and compliance with its judgments. The difference between these two motions will help you make the best decision based upon your situation, and can help you determine what action to take depending on what situation you are in.
The Role of Legal Representation
While you may legally file a motion to enforce yourself alone, having a lawyer to support you may be an advantage, especially when you’re dealing with more complex cases. A lawyer can help to ensure that all paperwork is completed correctly and filed so that any technical errors that could delay the process do not come up. They can also advise how best to make the most of their strategy whether that’s trying to put restrictive enforcement and evaluating options.
Legal representation becomes even more important if the other party contests the motion. In these cases, you’ll be likely to have to make a court appearance, provided evidence and arguments. For this, a lawyer can guide you through this and help you learn how to prepare. Imagine them as your advocate, a supporter of your rights, as he or she will defend your rights and ensure the Court orders are respected.
Alternatives to Filing a Motion to Enforce
Whether or not a motion to enforce itself is the best and best option is not always the only option. There are other remedies available to us, depending on where you are. For example, mediation can be less adversarial for dealing with disputes, which both sides can have an opportunity to get together and bring along a neutral third person to help solve the issues. This can particularly apply to family law cases where having a cooperative relationship is beneficial for all involved, especially the children.
Other options are negotiation. A quick and easy solution is to contact the other party and seek to resolve the issue outside court. This approach, but, requires the two parties to be willing to communicate and compromise, something that is not always possible. But this way, these changes can save time and money and perhaps keep the parties more amicable relations.
State-Specific Considerations for Filing
This is the same matter when living in a state where the process of filing a motion to enforce is unique in the state. For example, unique forms to fill out or specific steps to take in different states could have different steps to follow.
Similarly, some states will be slightly different in time to file or require additional requirements, such as mediation before a motion can be filed, as does Colorado.
Before filing, the lawyer you contact should be familiar with local laws in your state. This can protect you against any mistakes that could delay or make your case fall through. Regardless, knowing your state’s legal regulations may help you move from a smooth process to a tedious process.
