How Enforceable is a Court Order that Pertains to Family Law?
Family law cases can be emotionally charged and complex, often involving sensitive issues like child custody, support, and property division. When a court issues an order in a family law case, it’s crucial to understand its enforceability. In this article, we’ll explain how enforceable these court orders are and what can be done if someone fails to comply.
What is a Family Law Court Order?
A family law court order is a legal document issued by a judge that dictates the obligations and rights of the parties involved in a family law case. These orders can cover a wide range of issues, including:
- Child custody and visitation: Decisions about where a child will live and how much time they will spend with each parent.
- Child and spousal support: Financial obligations that one party must provide to the other, often to support the well-being of a child or spouse.
- Property division: Instructions on how marital property should be divided between the parties.
- Restraining orders: Orders to protect one party from harassment or harm by the other.
Once a judge signs a court order, it is legally binding, meaning both parties must follow it.
How Enforceable are Family Law Court Orders?
Once a family law court order is issued, it is immediately enforceable. This means that all parties must comply with the terms outlined in the order. Failing to do so can result in legal consequences. For example, if one parent does not follow a child custody arrangement, they can be held in contempt of court.
Consequences of Non-Compliance with Family Court Law Orders
When someone fails to comply with a family law court order, the affected party can request the court’s assistance in enforcing the order. Here are some common steps that can be taken:
- Filing a contempt motion: If one party is not following the court order, the other party can file a contempt motion, which requests the court to enforce the order and penalize the non-compliant party. Penalties can include fines, jail time, or modifications to the order.
- Income withholding: For unpaid child or spousal support, the court can issue an income withholding order, requiring the employer of the non-compliant party to deduct the support amount directly from their paycheck.
- Wage garnishment and liens: In some cases, the court can garnish wages or place a lien on the non-compliant party’s property to satisfy unpaid obligations.
- Civil arrest warrants: If a person willfully disobeys a court order, the court may issue a civil arrest warrant, leading to their detention until they agree to comply.
As you can see, there are often serious consequences for non-compliance with family law court orders.
Need Family Law Support? Contact LPEP Today
Family law is complex, and it’s essential to have experts on your side when it comes to understanding the intricacies of each unique case. If you need family legal advice or support, reach out to our experienced team at Lonich Patton Ehrlich Policastri. Our family law attorneys have decades of experience and a proven track record.
Contact us today to set up your free consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Gretchen Boger
Gretchen Z. Boger began her law career as a Deputy District Attorney in San Joaquin County from 2007 – 2010. During her tenure with the D.A.’s office, she prosecuted 17 jury trials. Ms. Boger has been practicing family law exclusively since January 2010. Ms. Boger joined Lonich Patton Ehrlich Policastri in 2013. She received her Juris Doctorate from the University of the Pacific, McGeorge School of Law. During her time at McGeorge, she received a concentration in trial advocacy.
