Sometimes, getting the court to rule in your favor is only half the battle. Just because your former partner is legally bound by the terms of a divorce decree, or order for child support, alimony, or custody does not mean they will honor those requirements. You may need to take legal action to enforce the terms.
Or you may be struggling to follow terms of a court order or separation agreement but run into difficulties. Your former partner may be trying to take enforcement action such as wage garnishment against you in a situation where it is not warranted.
When you need experienced legal help with family law enforcement, contact Carmiece Graves Law. As a CPA who understands the complex financial issues involved, Carmiece Graves works to get men in Maryland fair and equitable results when it comes to enforcing orders as well as establishing and modifying the terms of those orders.
Determine the Precise Violation
To best address an enforcement issue in family law, it is first necessary to determine exactly which court ordered terms were violated or allegedly violated. The terms could involve:
- Child custody arrangements
- Division of assets or debts
- Alimony
- Child support
- Visitation
The type of violation will determine the available remedies. For instance, if an ex-spouse fails to transfer the title on a car as required in a divorce decree, the other partner could ask the court to appoint a third party to complete the title transfer.
A former partner might wrongfully accuse you of a violation because they are anxious or vindictive. It may be necessary to seek a temporary order injunction or stay to stop your ex from taking action against you if they are acting without legal grounds. If, for example, your ex alleges that you are refusing to change the title on the family home and seeks to put a freeze on your bank assets while you are waiting for an appointment to change the title, your family law attorney could step in to stop an unnecessary hold on your assets.
Evidence of the Violation
Whether you are seeking enforcement or a former partner is alleging that you have violated court-ordered terms, it is important to collect evidence pertaining to the issue. The court will issue a decision based on the facts, and evidence is how you demonstrate those facts.
For instance, if your former partner alleges that you have not been paying child support, you could produce bank records showing transferred funds or a paycheck stub showing deductions from wages. If your ex alleges that you violated the visitation terms by failing to bring a child back to a particular location on time, you could produce evidence to show circumstances justifying a delay, such as a receipt from a auto service business showing that your car broke down or medical records showing that you had to rush a family member to the hospital for emergency care.
Talk to Carmiece Graves to Learn How We Could Assist with Enforcement
It is always important to make certain that your side of the story is told in full. Working with an experienced legal advocate can ensure that regardless of the allegations involved in a case, the court will hear and understand the factors motivating your actions and the reasons why you are entitled to relief or lenience.
At Carmiece Graves Law, we see far too many cases where men try to preserve peace by keeping silent. But you deserve to be heard. Talk to us today to learn how we can help you protect your rights and interests in enforcement actions and other family law matters.
