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Enforcement of a Court Order

pemstrongI Have a Court Order, but My Ex-Spouse is Ignoring It!nbsp; Now What?/strong/embr / br / Unfortunately, obtaining a Court Order in New Jersey does not necessarily mean that both parties will comply with that Order.nbsp; All too often, child support and alimony obligations are ignored and the obligor accrues a substantial amount of arrears.nbsp; The Parent of Primary Residence is left financially struggling.nbsp; Or perhaps there is an Order that addresses parenting time or custody issues, and the other party refuses to comply.nbsp; After a while, you begin to think that you donrsquo;t have any options left.nbsp; After all, you already have an Order from the Court..../p pbr / br / These situations are not uncommon.nbsp; The Court issues Orders, but rarely, if ever, polices them.nbsp; The Court is just too busy.nbsp; It is up to the parties themselves to enforce the Orders.nbsp; The parties know whether the other party is complying or not.nbsp;nbsp; If one party to the litigation is not complying, they must bring it to the Courtrsquo;s attention.nbsp; How do you do this, you ask?/p pbr / br / By filing a motion.nbsp; A party seeking to enforce an Order must file a Motion to Enforce that Order in the Family Part of your County.nbsp; Although you can file these motions pro se (without an attorney), it is always advisable to retain a divorce attorney.nbsp; The New Jersey Rules of Court are very specific, and it is difficult to ensure that you have met every requirement.nbsp; A Court can deny your motion on procedural grounds if all of the requirements of the Court Rules are not met.nbsp; A divorce attorney knows these requirements and will ensure that these requirements are satisfied and that your motion will not be dismissed on procedural grounds.nbsp;nbsp;nbsp;/p pbr / br / If the Judge deciding your motion finds that the other party is not complying with a previous Court Order, he or she may award you counsel fees if you have an attorney, and may even impose sanctions on the non-compliant party.nbsp;/pimg src="http://feeds.feedburner.com/~r/NewJerseyLawBlog/~4/492209887" height="1" width="1"/

Full post as published by New Jersey Law Blog on December 22, 2008 (boomark / email).