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Enforcement And Contempt Actions

Experienced Westport Attorneys enter enforcement orders on behalf of Fairfield County Clients: Visitation, Custody, Child Support, Alimony

Non-Compliance with Court Orders by a Spouse

Non-Compliance with Court Orders and Court Ordered Divorce Agreements by a ex-spouse is perhaps one of the most frustrating scenarios with which you may have to content during the pendency of your divorce and after your divorce has been accepted by the Court and finalized.

Common Situations:

  • Non-payment or late-payment;
  • Non-compliance to parenting schedules;
  • Failure to disclose documents (e.g. tax returns, bonuses);
  • Failure to pay tuition payments;
  • Un-reimbursed medical expenses,
  • Failure to maintain insurance policies, etc.

Your Alternatives:

  • Motion for Contempt;
  • Motion to Compel;
  • Negotiated or facilitated settlement;

Understanding Contempt:

You and your spouse are duty bound to comply with all court orders including, but not limited to: scheduled visitations, child support payments, alimony payments, tuition payments, medical reimbursements, document and information disclosures (e.g. tax filings and bonus payments). Any person failing to comply with a court order can be charged with contempt. A person found guilty of contempt can be ordered to comply with the court orders, pay fines, face wage garnishment, or even receive jail time.

Choosing the Right Enforcement Strategy

While the option to file a Motion for Contempt or Motion to Compel is available and Needle | Cuda can aggressively pursue these options at any time, it may not always be the best or most efficient way to solve your problem. It is important to consider that some courts can shy away from contempt rulings. Or, that it may be prudent in the bigger picture to avoid the potentially serious penalties for your ex-spouse. Another consideration might be that your spouse has experienced substantial change in financial circumstances that could support a modification to the court order and therefore a reduction in his or her payment obligations to you.

Needle | Cuda has been successful in resolving and settling delinquent alimony payments, unpaid child support, non-compliance with visitation and parenting schedules, and many other divorce related enforcement issues for clients throughout Fairfield County, including, Greenwich, Westport, New Canaan, Wilton, Darien, and Fairfield. Our attorneys will work closely with you to determine an enforcement strategy that best fits your situation whether it be through a finessed negotiation or litigated contempt action.

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