When One Side Is Not Doing What Is Required
Is your former spouse not paying child support? Have you been prevented from seeing your child according to the child custody and visitation arrangements? Have you been accused of not dealing with property division matters or not following the divorce decree in any way? The lawyers of the Nova Family Law Group bring decades of experience to these high-conflict cases. We can handle enforcement actions and help you reach a resolution.
Rules to Show Cause
The formal term for a petition to enforce a divorce decree is called a motion to show cause. This court petition demands that the non-complying spouse explain to the court why he or she is not complying with the terms of the divorce decree. The offending party has the opportunity to argue his or her side. If unsuccessful, he or she may be held in contempt of court.
Whether you need to enforce a divorce decree or you have been the target of enforcement actions, our lawyers can assist you.
What the Court Can Do
The court has a great deal of strength in these cases. Some of the options available when someone is found to be in contempt of court include:
- Incarceration: In these cases, the offending party is always given the keys to the jail house, so to speak. For example, he or she will be able to get out of jail upon paying back the child support that is owed.
- Monetary sanctions: The court can even make the offending party pay the other side's attorney fees in certain circumstances.
- Garnishment: The court has the power to garnish wages to collect unpaid child support. Federal pensions, military pensions and other retirement accounts can be garnished.
Fairfax County Modification and Enforcement Lawyers
In some cases, enforcement actions may give way to modification of child support or child custody and visitation arrangements so that they work under both sides' current circumstances. Our lawyers can help with modification.
Contact the Nova Family Law Group
Whether or not we handled your divorce originally, we welcome you to contact our Fairfax post-divorce enforcement lawyers. To schedule an initial consultation, please call 703-763-0980 or 866-639-8801 or use our online contact form.
