Aggressive Advocates for Enforcement of Court Orders in New York
Enforcement of Child Support Orders
Once child support has been ordered by a court, a noncustodial parent is required to make the specified payments to the custodial parent. Neither parent can make changes to the order — or simply stop making payments — without the approval of the court. If the noncustodial parent fails to pay the required support, they can face serious consequences.
Specifically, a noncustodial parent who refuses to pay child support can face the following penalties:
- Wage and income garnishment
- Real and personal property seizure
- Loss of driver’s license
- Revocation of professional license
- Tax refund interception
- An order requiring payment of the other parent’s attorney fees
- Contempt of court
At The Edelsteins, Faegenburg & Brown, LLP, we understand how emotionally and financially stressful a child support enforcement issue can be. Our attorneys are committed to resolving your dispute as expeditiously as possible under the circumstances — whether the results can be achieved through mediation, negotiation, or litigation.
Child Custody and Visitation Enforcement
If you have a child custody order in place, it may be necessary to take steps to enforce it at some point. For instance, situations may arise where one parent may not cooperate with the parenting plan or comply with the terms regarding visitation. Critically, even if the noncustodial parent has not paid child support or there is a disagreement over parenting methods, visitation may not be withheld.
It’s best for parents to work together regarding child custody and visitation matters. However, this may not always be possible. If a parent consistently interferes with the other’s parenting time or refuses to follow a court order pertaining to custody, you may be able to request that the court enforce the order — or the noncomplying party be held in contempt. At The Edelsteins, Faegenburg & Brown, LLP, our family law attorneys assist clients with petitioning for enforcement orders and offer skillful defense to those who are facing contempt.
Post-Divorce Enforcement of Property and Spousal Support Orders
Although a couple’s marital property is divided during the divorce process, obtaining the judgment of divorce doesn’t always conclude the legal proceedings. Spouses must follow the orders specified by the court concerning the disposition of property. Often, there are certain time frames by which property must be transferred. If a party refuses to transfer ownership and denies the other their right to the property, the court order may need to be enforced by taking legal action.
Similarly, the financially dependent spouse may be awarded spousal maintenance (commonly referred to as alimony). These payments can be crucial for a spouse who relied upon the other during the marriage as they get back on their feet after divorce. The party who has been ordered to pay spousal support cannot stop making payments simply because they disagree with the order — failure to make alimony payments can result in the receiving party petitioning the court to enforce the order.
The legal team at The Edelsteins, Faegenburg & Brown, LLP helps clients with matters concerning the enforcement of court orders post-divorce and works closely with them to secure a favorable outcome.
Contact an Experienced New York Family Law Attorney
Whether you are the party seeking to enforce a court order or have been accused of violating one, it’s essential to have an adept attorney by your side. At The Edelsteins, Faegenburg & Brown, LLP, our divorce and family law attorneys provide relentless representation and experienced counsel for the enforcement of court orders. Call (212) 425-1999 to schedule a consultation or contact us now to learn more about our legal services.