What can I do if my ex spouse is not following the courts order?


As the best child support enforcement lawyers in Arizona we often get asked, “what can I do if my ex spouse is not following the courts order?” I want to talk a little bit today about something that comes up all the time in family law cases. This usually comes up after you’ve already been to court. It could be after you’ve gotten some temporary orders or could be after your case has been resolved in it’s entirety. And the issue that arises is: you’ve got these court orders, but for whatever reason one of the parties decides they don’t think they need to follow them and so what almost always happens is, we get a call from our client who says you know, “My ex husband or my ex wife isn’t following the court order. They’re not bringing the kids back when they’re supposed to. I’m not getting the child support I’m supposed to be paid. They’re not paying the spousal maintenance. What do I do?” And it’s a very frustrating situation for the client to be in and something that you feel like at that point in the case you should be done and everyone should be playing nice, but unfortunately sometimes that does not happen.

So what do you do when that situation occurs? Well, there’s a couple of approaches to any situation when someone isn’t following a court order. The first thing that I always advise my clients do is to make every effort possible to try to resolve the situation with the other party without having to go to court. Now, why would you do that? Well, the main reason is because going back to court is always expensive. It always takes time. It always takes money and nobody likes to go back to court. In fact, it usually requires you to put on that adversarial persona again and you know everyone’s putting their fists up and fighting. So what I usually advise my client is that we reach out to the other party, or in some cases their representative/their attorney, and try to work things out. Candidly that doesn’t always work, so what it often requires is that we file something with the court called the motion to enforce or a motion for contempt. And in filing a motion to enforce or contempt, you’re asking the court to enforce a court order, make them follow the orders that have already been entered in the case and to hold them in contempt.

Contempt is a situation where somebody knows about a court order and they’re not following it, even if they have the ability to do so. So, for example, contempt would not be a situation where somebody’s withholding the kids, because maybe they got stopped at an airport or missed a flight or something like that. It’s not intentional; but, if they’re purposely not paying child support, purposely withholding the kids, being belligerent, that would be a good situation where you would file a motion for contempt and enforcement with the court. Typically, what happens is the court’s going to hold a hearing to see if we can just resolve it on our own. If not, the court will schedule an evidentiary hearing where both parties can put on evidence and the court decides whether or not the person has willfully violated the court order. What happens if a court finds someone has willfully violated a court order? Well, there’s a number of sanctions that the court can enter. One of the typical sanctions is that the other party can be ordered to pay attorney fees. In the case of child support, the court may order a large payment to make up for past due child support. In the case of withholding children, the court might order some make up time.

Obviously, these are situations that you don’t want to find yourself in. You certainly don’t want to be the person who’s violating the court order, because usually the courts aren’t very happy with you and you’re going to find yourself probably paying attorney fees and having other potential sanctions. But, that’s the typical process for dealing with a situation where someone is not following the court order. So as in any situation, if you find yourself dealing with someone who’s not following an order issued by a family court, my advice is: give us a call here at the law offices of Kevin Jensen. We’ve dealt with hundreds and hundreds of cases involving enforcement of court orders. We would love to schedule a time for you to come down, sit down with us, talk about your situation, so that we can give you the best advice possible in how to address this sometimes very serious situation. Thank you.

For more videos answering common child support enforcement questions click here.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Mesa AZ
2915 E Baseline Rd Suite 115
Gilbert, AZ 85234
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Genesis Family Law and Divorce Lawyers in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/

Schedule Your
In-depth
Confidential
Consultation

Schedule Your In-depth
Confidential Consultation

Main Sidebar Form

"*" indicates required fields

Full Name*
What kind of case do you have?
Required Fields *
This field is for validation purposes and should be left unchanged.
Follow Us
core values
A
Uthentic Advocacy
"Whatever you are, be a good one."
-Abraham Lincoln
L
ead with Curiosity, Compassion, & Care
"If your actions inspire others to dream more, learn more, do more, and become more, you are a leader."
-John Quincy Adams
I
mpact
"True humility is not thinking less of yourself; it is thinking of yourself less."
-C.S. Lewis
V
ictory
"Hardships often prepare ordinary people for an extraordinary destiny."
-C.S. Lewis
E
mpowerment
Education is the key that unlocks the golden door to freedom.”
-George Washington Carver
take the first step
Schedule Your 
Initial Consultation
Schedule Your Initial Consultation
Available For You 24/7

Main Footer Form

"*" indicates required fields

Full Name*
Required Fields *
This field is for validation purposes and should be left unchanged.
chevron-down