Brian D. Perskin & Associates, P.C. Articles Enforcement of Court Orders in a New York Divorce

Enforcement of Court Orders in a New York Divorce

By Brian D. Perskin & Associates, P.C.  Nov. 12, 2013 3:40p

During the divorce process, you and your soon-to-be ex-spouse will sort through all of the issues pertaining to your legal split in order to reach the terms of your divorce. This may be done through negotiation, mediation, or through proceedings in court with a family law judge. However it is done, once the terms of your divorce have been determined and finalized through a court order, you may think that the process is over. It should be. In some cases, however, a spouse may not comply with the terms set forth by the court. This is often the case with such matters as child custody, visitation plans, child support, or spousal support. When a spouse violates the finalized terms of the divorce agreement, it can lead to the necessity of further legal action. The aggrieved spouse may need to seek legal action in order to make the other spouse comply.

For example, if a spouse refuses to pay child support or spousal support as ordered by the court, the court may need to enforce the support order. This may be done through an order to the delinquent spouse's employer to deduct a percentage of his or her income to cover past, present, or future obligations. Courts may take other actions to compel a spouse's compliance, such as sequestration of a property or a requirement to post a cash bond. A spouse who fails to comply with court orders in a divorce may be held in contempt of court, which can result in jail time if he or she has intentionally disobeyed such orders. Contempt of court is defined under Article 215.50 of the Penal Code which states that it consists of "intentional disobedience" of a court mandate.

Divorce Attorney Serving the Greater New York City Area

Divorce can be complicated as it involves many issues, including child custody and visitation, child support, spousal support, and the division of marital property and debts. All of these areas need to be fully resolved in order to finalize a divorce. Even after a divorce has been finalized, however, complications can arise such as the need to enforce court orders or modify them due to a significant change in circumstances for one or both of the parties. All of these matters are legal affairs which will require the assistance of a competent divorce attorney.

Brian D. Perskin & Associates, PC is a divorce and family law firm serving clients in Manhattan, Brooklyn, Queens, and the Bronx with more than 40 years of collective experience among its attorneys. This is a legal team that can help you by creating a divorce strategy or mediating your divorce. They have a proven record of effective legal representation in all types of divorces for both same sex and heterosexual couples. The firm's competence and service level is reflected in their AV Preeminent (highest) rating by Martindale-Hubbell, the national lawyers' review organization. If you are facing a potential divorce, get the solid legal advice and representation you need. Contact the firm to schedule a free, initial consultation to learn more about the particulars of your case and how to proceed today.

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