Enforcement of Family Law Orders in Brooklyn

Enforcing Custody, Child Support & Alimony Orders in New York City

Whether you agree to the terms during negotiations or you reach a resolution through litigation, family law court orders are issued by the New York Supreme Court. The court issues a judgment specifying each party's rights and obligations. If a party does not comply with his or her responsibilities as described in the judgment, the court can order enforcement and take certain actions to ensure compliance, including holding a hearing on the issue of contempt of court.

The experienced legal team at Arnel Law Firm can petition the court on your behalf to enforce an existing order. Conversely, if you are having difficulty complying with a court order and face legal action, we can help. Depending on the circumstances, we may be able to modify the order to make it more manageable and realistic.

Facing challenges with family law orders? Contact us today at (718) 550-3024 to discuss how we can help you navigate the legal process and protect your rights.

Do You Need Help with Child Support Enforcement in NY?

With more than 40 years of cumulative family law experience, our lawyers have extensive knowledge of the broad circumstances that can cause a parent to fail to comply with a court order.

We understand the stress that results when support payments are habitually missed or when a parent fails to respect the stipulations of a visitation schedule or shared parenting plan.

At the same time, we know that the loss of a job or a change to your work schedule can make it difficult to comply with an original judgment of divorce or court order. We assist parents on both sides of these issues.

Consequences of Non-Compliance with Family Law Orders

Failing to comply with family law orders can have serious legal consequences. Here are some of the potential outcomes:

• Fines: A court may impose fines on a person who fails to meet the obligations set in a family law order. The fines can quickly accumulate, causing financial strain.

• Contempt of Court: Non-compliance can result in contempt of court charges. If you ignore or refuse to follow a court order, the court can hold you in contempt, which can lead to serious penalties.

• Jail Time: In extreme cases, non-compliance can lead to jail time. This is especially true in cases where a parent refuses to pay child support or does not follow custody or visitation orders.

• Loss of Rights: Non-compliance with child custody or visitation orders can result in the loss of parenting time or even parental rights, depending on the severity of the violation.

Failure to comply with court orders, especially in child support, custody, or alimony cases, is not something to take lightly. The consequences can affect your financial and personal life for years to come.

Steps in Enforcing a Family Law Order

If someone is not following the terms of a family law order, there are legal steps to enforce it:

1. Filing a Petition: The first step is to file a petition for enforcement in court. This asks the court to take action to ensure the other party complies with the order.

2. Contempt Hearing: If the petition is accepted, the court will schedule a hearing. During this hearing, the person who failed to comply will have an opportunity to explain their actions. If they are found to be in contempt, the court may impose penalties.

3. Possible Sanctions: Depending on the case, the court can order sanctions such as wage garnishment, suspension of licenses, or other actions to compel compliance.

It’s important to understand that the process can be lengthy and requires evidence that the other party is not fulfilling their obligations.

Modifying Family Law Orders

Sometimes, circumstances change, and a family law order needs to be modified. Here are some common reasons:

• Change in Financial Circumstances: If a person loses their job or experiences a significant drop in income, they may request a modification of child support or alimony orders.

• Health Issues: If a person faces serious illness or disability that affects their ability to comply with the order, a modification may be needed.

• Relocation: If a parent moves to a different city or state, it may be necessary to modify custody or visitation arrangements to accommodate the new living situation.

In order to modify a family law order, the individual must petition the court and provide evidence of the change in circumstances. The court will then decide if the modification is warranted.

Frequently Asked Questions

Can a family law order be enforced if the other party has moved out of state?

• Yes, family law orders can still be enforced even if the other party moves to a different state. This is done through federal and state cooperation, ensuring that the order is recognized and enforced across state lines.

How long does it take to enforce a family law order?

• The time it takes to enforce a family law order can vary depending on the complexity of the case, court schedules, and the responsiveness of the other party. On average, the enforcement process can take several months.

What happens if I can’t afford to comply with a child support or alimony order?

• If you are unable to comply with a family law order due to financial hardship, it is crucial to seek legal advice. You may be able to request a modification of the order based on changed financial circumstances. Ignoring the order can lead to legal consequences.

Can I change the terms of a custody arrangement?

• Yes, you can request a modification of a custody arrangement, but you will need to prove that there has been a significant change in circumstances, such as one parent moving or a child’s best interests requiring a different arrangement.

What are the penalties for not paying child support in New York?

• Penalties for not paying child support in New York can include wage garnishment, suspension of your driver’s license, tax refund interception, and even jail time if you are found in contempt of court.

Can I enforce a family law order if my ex-spouse is refusing to let me see my children?

• Yes, if your ex-spouse is not allowing you to see your children as stipulated in a custody order, you can petition the court for enforcement. The court may take action, such as holding your ex-spouse in contempt or modifying the order to ensure compliance.

What can I do if I am being unfairly held in contempt of court for non-compliance with an order?

• If you believe you are being unfairly held in contempt, you should consult with an attorney. They can help you present your case in court, explain any valid reasons for non-compliance, and work to have the contempt charges dismissed or reduced.

Call Our Dedicated Brooklyn Order Enforcement Lawyers

Failing to meet the terms of a divorce can have serious and unwanted consequences, such as withholding of wages or revocation of your driver's license. If you are having a problem complying with a court order, or if you need help getting a spouse to comply with an order, seek guidance and counsel from Arnel Law Firm. We also serve clients throughout Brooklyn, Manhattan, and Queens.

If you're dealing with non-compliance or need assistance with modifying a family law order, contact us now at (718) 550-3024. Our team is here to provide the support you need.