Enforcement of a Court Order
Roseville, CA Divorce Attorney
Divorce can be a challenging thing to face, whether you are the one who initiated or it is your spouse that began the process. These cases are very sensitive and should be dealt with accordingly. For those that are going through a divorce, it is often best to work with a Roseville divorce lawyer to bring the matter to a close.
Many divorce cases will require the settlement of a number of incredibly personal areas for the couple and children if any are involved. A couple can choose to decide on issues of spousal support,
child custody, visitation and more. However, many times the situation is too tense and ideas are too different for a divorcing couple to be able to find a resolution that they both can agree on. This may mean that the court needs to step in and they can make the final decision. This may even occur when a couple does agree on terms and the court finds they are not as fair as they should be.
What to Do if Divorce Orders Are Not Being Followed
After the terms of a divorce are finalized, they legally must be followed. This may include making payments for support or allowing a parent to see their child during their allotted time. Unfortunately, both sides do not always follow the terms and even after trying to work it out, the other party may continue to avoid their obligations. In these cases the court is able to step in and an enforcement can be sought.
Enforcement matters should be brought before the court and they will review how to handle the issue. A common matter that they are turned to for is in regards to child support or
spousal support. One of the former spouses may be failing to meet their payments. They may not believe they owe such a high cost and they take the issue in to their own hands. On the other end of the spectrum, sometimes the other parent believes that payments should be higher and they are demanding this without the authority of the court. Changes should always be made legally.
Enforcing a Custody Order in California
Custody matters can be enforced through the court and this applies to custody and visitation terms. For those that are failing to follow these terms, the local police force can be asked to step in and enforce the courts order. Next, the district attorney for the area can be contacted and is another option. A contempt action can also be filed with the court and this is specifically asking for them to enforce the matter when it is found that the other parent is ignoring with by their own will. This route can lead to consequences for the party that is disobeying the order. It is best to have a Roseville divorce attorney along for this process. It is recommended that those in this situation keep track of any records that they have that will apply.
During the situation when the order is being ignored by the other spouse, it is also good to start keeping track of any instances and even maintaining a journal regarding it. For those that are afraid the other spouse may attempt to take their child, further enforcement may be necessary in order to protect them. In this situation it is best to take updated photographs of the child, have a description of what the child looks like and be able to identify what they were wearing that day, also have a description of the other parent and keep any important numbers and addresses listed. Preparation can help in the event of a worse case situation. While protective orders can be issued by the court to keep a parent away from the child, these are not always enough and law enforcement may need to step in.
Modifying Divorce Terms in CA Courts
It is always the smartest choice for both sides to make any changes legal rather than dealing with them alone or coming to an agreement together. If the other party changes their mind, an oral agreement offers no form of protection. Modifications can allow for the payments to be adjusted, as well as terms of child custody and visitation. This will prevent against facing legal repercussions in the future since the order is directly from the court. If the terms of divorce were already modified and the other party continues to go against the terms, enforcement can still be sought at this point.
Call the office today and gain the services of a dedicated Roseville divorce attorney when you are looking to enforce a court order, or if your spouse is seeking to enforce one against you. There are two sides to every story and we want to hear yours.