Enforcement

Any court order is binding on the parties covered by its terms, but the full enjoyment of your rights under the order depends on your practical ability to enforce it. If you need advice about the enforcement of an order for child support or alimony, or if you need to find your way past a problem with obligations in default, I can help you. Contact the office of Jonathan D. Katz, Attorney at Law. From my office in Saugerties, I serve clients throughout the Hudson Valley and the Catskill region, including Ulster, Dutchess, Orange, Greene and Columbia counties.

Contempt of court backed up by the realistic threat of jail is the most common sanction for enforcement of child and spousal support obligations in the family courts of the Hudson Valley and the Catskill region. The party seeking enforcement first presents the facts to a magistrate, then if a default is found, the issue of willfulness is tried before a family court judge.

The party in default faces a finding of contempt of court and the prospect of jail if the default is not cured within a reasonable period, usually from 15 to 60 days in length, depending on the circumstances.

I can help you decide whether the default is serious enough to justify the trouble of this two-stage procedure, and make sure that the facts of the missed obligations are presented clearly and accurately to the court. If you happen to be the party in default, I can let you know whether your reasons for missing the payments are likely to generate any sympathy with the court and make sure that the complaining party’s facts are not exaggerated. If there is no doubt as to the fact of the default, I can help you get the time you need to cure it.

Although it is unusual for an order for contempt to be issued on a showing of repeated or continuing default on child custody or visitation orders, a family court judge can still make life difficult for the parent who routinely cancels visitation sessions or returns the child late to the other parent. In more serious situations, the aggrieved parent can move for an order of restricted or supervised visitation.

If a person’s chronic problems with drug or alcohol abuse are a factor in poor parenting performance, the best remedy will usually be a motion for modification of the child custody or visitation arrangements.

To learn more about the legal and practical aspects of family court enforcement procedures in the Hudson Valley or Catskill region, contact us calling (845) 328-2159 or toll-free (866) 843-6388 or fill out the online contact form to schedule your consultation with Jonathan D. Katz.