After a lengthy and often contentious divorce process, or during the midst of it, most people want to walk away and avoid any further conflict. However, there are individuals who refuse to comply with court orders and the final divorce judgment, even though they have the means to do so. The only real solution, after requests for reasonableness have failed, is to go back to court with enforcement actions to compel compliance or to provide for sanctions.

Some of the common violations that result in enforcement actions include:

• A failure to comply with property distribution or disposition
• A failure of one party to satisfy outstanding debts
• A failure to make alimony and child support payments
• A failure to maintain a life insurance policy with the former spouse as a beneficiary in order to provide security for any payments that remain outstanding after the death of the payor
• A failure to satisfy any other financial obligations
• A failure to comply with custody and visitation plans

An enforcement proceeding is a request by a party to the court seeking legal consequences for the other party’s noncompliance. One of the enforcement actions that will garner the swiftest response from the court is a failure to make child support payments or to compel the return of a child. The delinquency can be based on the following:

• A failure to pay the periodic (weekly, monthly, etc.) support payment when due
• A failure to pay child support at all
• A failure to provide
  health insurance for the children of the marriage
• A failure to contribute the pro-rata portion of unreimbursed medical expenses
• A failure to contribute to the educational expenses
• A failure to return the child
• Any other delinquency in meeting the financial and custodial obligations established by the court in accordance with its orders and divorce judgment

A court may hold a parent in contempt for any of these violations. Even if there has been a significant change in circumstances, a person must apply to the court for a modification rather than engage in the self-help behavior of ceasing payments.

In addition to requesting enforcement actions for financial obligations, parties may find it necessary to move the court to rule on obstruction and interference with other obligations. Specifically, when there is a parenting plan and one parent refuses to comply with the terms of the plan, or to return the child, it is viewed as a serious infraction because it compromises the relationship and authority a parent has with or over his or her child. In addition, it could result in serious psychological and emotional harm to the child, who does not understand the change and the underlying hostility between the parents or possible negative influences of one parent.

A parent also may be forced to take emergency actions with the court when one parent attempts to relocate the child out of the state, or even out of the country, or when one parent needs to file immediately for Orders of Protection or Restraining Orders to protect him or her and the child from physical violence.

Heidi E. Opinsky Has The Experience To Enforce Her Client’s Rights

When one party to a divorce fails to satisfy his or her obligations, financial or otherwise, attorney
Heidi E. Opinsky and her team of Fairfield County legal professionals will act quickly to obtain effective court intervention. Ms. Opinsky represents moderate to high net worth individuals who are getting a divorce in Fairfield County, so she understands the myriad of complications that may arise in these cases.

Consummate Divorce And Family Law Attorney Serving Fairfield County And New York

Enforcement actions are an unfortunate necessity in many high net worth divorce cases. Divorce Attorney Heidi E. Opinsky reacts promptly to any type of violation.
Contact her today at 203-653-3542 to schedule a confidential consultation and discuss how she can help you.