Enforcement of Orders
In family law, enforcement cases are fairly common.
When a person does not comply with the terms of a Court Order or written Agreement, the Court can hold the non-compliant person responsible and order that certain actions be taken.
The type of enforcement proceeding depends on whether you have a Court Order (Petition for Contempt) or an Agreement (Motion to Enforce).
Contempt Case
In a contempt case, the Court will order the non-compliant person to appear and Show Cause why they should not be found in contempt. To establish contempt, you must prove that the person had an ability to comply with the Court Order, but chose not to do so.
For example, if you file contempt for non-payment of Court-ordered child support, you must prove that the person who did not pay had the money, but chose not to use it to pay child support. If someone is found in contempt, the Court must order a purge provision.
A purge is an act that must be done by a certain date (ex: pay child support, make up a visit, transfer an asset). If contempt is not purged, then sanctions can be issued, including payment of legal fees. A judgment could be entered against the party found in contempt. In very specific circumstances, jail time can be ordered.
Motion to Enforce
If you do not have a Court Order, a Motion to Enforce may be appropriate and effective for obtaining compliance. There will not be a Show Cause hearing or purge provision, but it can get you the relief you seek.
Defense in Enforcement Cases
In addition to filing enforcement proceedings for clients, we can also defend clients in enforcement cases. There are defenses that can be asserted on your behalf.
If you want a family law lawyer to litigate or obtain and enforce orders and agreements, contact Wasserman White Family Law. You will receive the experience, expertise, and compassion you need to navigate through your legal matter.
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As family law experts in Towson and Baltimore, Maryland, Wasserman White Family Law understands the law and works to present the best case for our clients.
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Resources
Identifying Narcissism During Divorce: What to Watch For and How to Protect Yourself
Narcissists rarely take responsibility. If you’re in the middle of a divorce and questioning your partner’s behavior, it’s critical to understand what narcissism can look like—and how it can affect your case.
What to do if you suspect your co-parent is suffering from a substance use disorder
Parents who suffer from substance use disorders could be a danger to themselves or the children in their custody. If you are concerned about your co-parent’s behavior regarding a substance use disorder, do not hesitate to get in contact with one of our family law attorneys to discuss strategies to protect your children.
Take Pride: Maryland Court’s Ruling on Parental Acceptance and Child Protection
An opinion was issued by the Appellate Court of Maryland, C.M. v. J.M., wherein the court addressed whether or not a parent’s refusal to accept their child’s sexual orientation amounted to “mental injury” and thus abuse of a child in order to obtain a protective order
The Differences Between a Peace and Protective Order for Abusive Circumstances
For those in Maryland who are suffering from domestic violence, intimate partner violence, or abuse from a stranger, the law offers specific protective measures. In this post, we will focus on two measures in particular: Peace Orders and Protective Orders.
Identifying Narcissism During Divorce: What to Watch For and How to Protect Yourself
Narcissists rarely take responsibility. If you’re in the middle of a divorce and questioning your partner’s behavior, it’s critical to understand what narcissism can look like—and how it can affect your case.
What to do if you suspect your co-parent is suffering from a substance use disorder
Parents who suffer from substance use disorders could be a danger to themselves or the children in their custody. If you are concerned about your co-parent’s behavior regarding a substance use disorder, do not hesitate to get in contact with one of our family law attorneys to discuss strategies to protect your children.
Take Pride: Maryland Court’s Ruling on Parental Acceptance and Child Protection
An opinion was issued by the Appellate Court of Maryland, C.M. v. J.M., wherein the court addressed whether or not a parent’s refusal to accept their child’s sexual orientation amounted to “mental injury” and thus abuse of a child in order to obtain a protective order
The Differences Between a Peace and Protective Order for Abusive Circumstances
For those in Maryland who are suffering from domestic violence, intimate partner violence, or abuse from a stranger, the law offers specific protective measures. In this post, we will focus on two measures in particular: Peace Orders and Protective Orders.