1. EachPod

Breaking the Rules: What to do if Your Ex Isn't Following a Court Order or Separation Agreement.

Author
New Direction Family Law Firm
Published
Tue 29 Aug 2023
Episode Link
https://share.transistor.fm/s/40584da0

The episode's topic is the serious implications of violating a court order, specifically in the context of family law.


Violating Court Orders:

  • Discuss common ways people violate court orders, including not following custody or child support orders.
  • An explanation is that judges are not pleased with non-compliance and the importance of settling cases to have a say in the outcome.
  • Once a judge gives an order, it must be followed. Even if one has a custody order, law enforcement may not get involved.

Remedies for Violation:

  • If one is constantly late for exchanges or violates the order in other ways, the remedy often starts with contacting an attorney.
  • Options include contacting the other party's attorney to resolve the issue without court intervention.
  • If resolution is not possible, filing a motion for an order to show cause and motion for contempt is the next step.

Repercussions and Types of Contempt:

  • Courts have a wide range of repercussions. Two types of contempt are discussed: civil and criminal.
  • Civil contempt can lead to jail until compliance is achieved, and criminal contempt is seen as punishment.
  • Discussion on the power of judges to modify custody or support orders and the likelihood of immediate payment once jailed.

Understanding Court Orders:

  • Importance of having an order in place and the challenges if there's no signed order in the court file.
  • Frustration when parties continue to do as they please without a signed order and the limits of what attorneys can do in such cases.

Criteria for Contempt and Costs:

  • Trivial violations like being 15 minutes late may not be enough for contempt.
  • The financial aspect of filing another motion and going to court is highlighted.

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