Franklin Divorce Enforcement Attorney
When granting a divorce in Tennessee, the judge will issue a final divorce decree dissolving the marriage. The judge will also issue court orders regarding alimony, child custody, and child support if those issues were relevant to the divorce. Court orders are enforceable by the court. If you are having trouble complying with orders for custody or support, talk to your attorney about going to court for a modification. If your ex is not complying with court orders, talk to your lawyer about the tools available to enforce those orders, including going to court for enforcement.
In Williamson County, the Franklin divorce enforcement attorneys at Fort, Holloway, & Saylor are skilled and experienced in helping parties through enforcement actions post-divorce. Call our office for assistance with enforcement of court orders regarding child custody, child support or alimony.
How Do Tennessee Courts Enforce Alimony and Spousal Support Orders?
Courts have additional powers to collect on a debt owed, including child support or alimony/spousal support. Our experienced family law order enforcement attorneys in Franklin know the proper steps to collect support from a party unwilling to pay. Options available include:
- Wage Garnishment: Requiring the person’s employer to garnish the person’s wages or withhold income and pay owed support directly to the recipient. This is one of the most effective tools because the money comes directly from the paycheck before the obligor ever sees it.
- Federal Income Tax Refund Interception: Intercept the delinquent payor’s federal income tax refund. This happens automatically through the federal offset program and is particularly effective because tax refunds are typically substantial.
- Property Liens and Foreclosure: Place a lien on the person’s property and foreclose on that property if they don’t pay. This process gives you a claim against their real estate or other valuable assets.
- License Suspensions: As mentioned above, suspensions for driver’s licenses, professional licenses and business licenses are a powerful motivator for compliance.
- Contempt of Court: Willful failure to pay alimony can result in fines or jail time, just like child support noncompliance.
Alimony orders are just as enforceable as child support orders. If your ex-spouse is not paying court-ordered spousal support, you have the same legal remedies available. Rather than just accepting nonpayment, reach out to our divorce enforcement attorneys in Franklin for support.
Similarly, if an ex-spouse fails to turn over property, sell assets and split the resulting funds, or refinance joint debt, the court can intervene. Actions taken may include forcing the sale of assets or awarding a monetary judgment.
How Do the Courts Enforce Child Custody?
The parenting plan and residential schedule are court orders, and violating a court order puts one at risk of being held in contempt of court. If a court finds a parent in contempt, the judge can fine the parent or even place them in jail. The judge can also order make-up time for the parent who didn’t get his or her allotted residential time with the kids. If the parent who was out of compliance was the primary residential parent, the court could even alter the custody arrangement and transfer primary residential custody to the noncustodial parent who was complying with the visitation schedule.
Custody violations are taken seriously by Tennessee’s courts because they directly affect the child’s relationship with both parents. If your ex-spouse is consistently violating the parenting plan, whether by refusing to return the children on time or relocating without permission, you have legal remedies available.
Our Franklin divorce enforcement lawyers can file a contempt action to compel compliance, seek makeup parenting time, or in serious cases, seek a modification of the custody arrangement itself.
What Is a Petition for Contempt and How Does It Work?
When your ex-spouse violates a court order in Tennessee, the legal mechanism to enforce compliance is filing for a Petition for Contempt. This is the formal action that brings the matter back before the judge and gives you the power to compel compliance or seek penalties. Essentially, a Petition for Contempt is telling the court that your ex-spouse has deliberately violated a court order and asking the judge to take action.
To successfully prove contempt, you must be able to prove that your ex-spouse knew about the order and had the ability to comply with it, but deliberately chose not to do so. Doing so requires the collection of supporting evidence. The team at Fort, Holloway, & Saylor is highly experienced with these proceedings and can help secure the evidence needed to demonstrate contempt.
Civil Contempt vs Criminal Contempt
There are two classes of contempt. Civil contempt is used to compel compliance with a court order. For example, if your ex-spouse owes $8,000 in child support, filing a civil contempt action compels them to pay. With civil contempt, the noncompliant party must comply or face penalties. The contempt action continues until compliance is achieved. This is the most common type of contempt action in family law cases because the goal is usually to get the other party to start following the order.
Criminal contempt is used when the goal is to punish willful violation of a court order. For example, if your ex-spouse repeatedly violates the parenting plan despite previous warnings and court orders to comply, criminal contempt may be appropriate. In criminal contempt cases, the outcome may include fines, jail time or both. The penalty is fixed and determined by the judge based on the severity of the violation. Criminal contempt is less common in family law, but it is available when civil actions have failed.
Don’t Take Matters Into Your Own Hands
If your former spouse is refusing to comply with custody or support orders, you might think to take it upon yourself to get them to comply by withholding payment of support or refusing to hand over the kids until they comply. Action like this would be a mistake. Violating a court order is not justified even when the other party is not complying; taking these actions could end with you being found in contempt of court or losing custody of your kids. If you can’t straighten things out with your ex, go straight to your attorney for help. At Fort, Holloway, & Saylor, we’ll evaluate your options and develop a creative strategy to enforce compliance in the quickest, easiest and most effective means possible.
Help Is Available With Family Law and Divorce Enforcement in Franklin, TN
Whether your ex-spouse is refusing to pay court-ordered child support, violating your custody agreement, failing to pay alimony or refusing to comply with property division orders, you have legal remedies available. Our experienced divorce enforcement attorneys at Fort, Holloway, & Saylor understand the frustration of dealing with a noncompliant ex-spouse. We’ve helped countless clients in Williamson County enforce their court orders and protect their rights.
For professional and caring family law order enforcement attorneys to help with child custody, child support, or alimony court orders in Williamson County, call Fort, Holloway, & Saylor in Franklin at 615-455-3311. We’ll make sure to protect your rights and look after your best interests in any enforcement proceeding.
