Fairfax Enforcements Lawyer
Enforcement of Family Law Court Orders in Virginia
Family law issues resolved through the courts wind up with final decrees or court orders issued by the judge in charge of the case. These orders are legally binding and can be enforced through the courts when violated. This applies to family law issues such as child support, child custody and visitation, spousal support, and the division of marital property. Whether you are divorced or were never married, if you are subject to a court order regarding any family law issue, you are legally obligated to abide by its terms and conditions.
Unfortunately, situations arise where these orders are disregarded by one of the parties. If this has happened to you, you may need legal help to ensure that your rights are protected through enforcement actions. At Malinowski Hubbard, PLLC, we have been devoted to resolving divorce and family law matters exclusively since our inception. With over 40 years of combined legal experience in this field, we understand the difficulties you face and can provide knowledgeable and practical solutions to protect you and your family.
Contact Malinowski Hubbard, PLLC online or at (703) 935-4222 to discuss the specifics of your family law enforcement case with one of our competent legal team.
Family Law Enforcement Actions
Enforcement actions may need to be taken when family court orders are violated.
Examples of this can include:
- Your ex-spouse or unmarried parent has failed to pay court-ordered child support
- Your ex-spouse (or former unmarried partner) has failed to allow you visitation rights
- Other custody arrangements have been violated, such as failure to return the child to you as provided by the parenting plan
- Your ex-spouse has failed to abide by the property settlement provisions, such as failing to turn over some type of marital property, failing to sell or refinance the family home, or has engaged in some other noncompliant act
- Your ex-spouse has failed to pay you court-ordered spousal support
Just by threatening legal action against the offender, the situation may resolve. However, if it does not, it may be necessary to file an action in court to ultimately bring about compliance or have the other party face serious consequences. The most common way to handle noncompliance by a party is to request that the court hold that party in contempt. This is done by presenting a preponderance of evidence to the court showing that the violating party has willfully breached the terms of the court order.
When a court is shown that a breach has occurred, such as refusal to pay child support, the court has a variety of actions it can take to remedy the situation. These actions can include fines as well as jail time. The court can also devise remedies that will correct the violations, such as forcing the offender to immediately pay any overdue child support or alimony, possibly with interest, creating a repayment plan for catching up on arrearages, or to immediately perform any other action that he or she was ordered to do and failed to do under the family court order. These types of actions can be ordered to be done with the threat of jail time and/or fines if the offender fails to comply.
Get the Help You Need from a Seasoned Fairfax Enforcement Attorney
If you are facing nonpayment of a support order or violation of any family court order, we urge you to turn to our firm for professional help. The right solution for your situation will depend on the specifics of your case. In some cases, a modification of a nonviable court order may be the best solution while in others court action may be needed to enforce the terms that are being violated. We will thoroughly review your case to help determine the best possible solution for your individual circumstances and needs.
To request a detailed consultation about your situation, call (703) 935-4222 or contact us online today.
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