When one parent fails to comply with a custody or child support order it can be frustrating to the other parent. Failure to pay child support can lead to serious financial consequences for the parent receiving support. Sometimes parents also fail to abide by the child possession periods set forth in the custody order.
A parent in this situation does have options in enforcing that prior order. The parent can file a motion for enforcement. The motion for enforcement sets forth that there’s an order in place and the other parent has failed to follow that order. The motion must specifically set forth the language of the prior order, how that order was violated, and when and how many times the order was violated.
In a motion for enforcement, the judge has a lot of discretion to determine how to enforce the order. The judge can sentence the other parent to jail for 180 days for each violation, the judge could put the parent on probation, or also order attorney fees.
The consequences of not following the court order can be serious and make a difficult situation even worse. If you need help enforcing a child support order or your possession times with your child, it can help to speak with an attorney. An attorney can recommend strategies to fix the situation or if necessary file a motion with the court.
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