Enforcing Ohio Family Court Orders
It is a lot of work, time and expense to secure a court order for a family law case. Whether you have a custody order through your divorce case or a child support order through your paternity action, you need reliable legal guidance.
At Baker & Wick LLC, our family law attorneys have more than 40 years of combined experience. If your ex is not complying with court-ordered support or an agreed-upon parenting plan, our Columbus family lawyers can facilitate a resolution and secure compliance without unnecessary conflict.
What Happens If Your Ex-Spouse Doesn’t Pay Alimony Or Child Support?
When the court orders a party to pay spousal maintenance or monthly child support payments, it is legally binding. Similarly, parents are required to follow their child custody order and parenting plan.
If your ex-spouse fails to comply, you can seek enforcement measures. While minor issues might be resolved amicably, significant problems often require legal intervention. Our family law attorneys are here to guide you through the process to ensure your ex complies with your decree.
Filing A Motion For Contempt Of Court
If your ex fails to pay child support or alimony, or doesn’t comply with the shared parenting plan, you can file a motion for contempt. In a contempt motion, you have to prove that your ex knew about the order and could have followed it. You also have to prove that your ex did not have a valid reason for noncompliance. If the court finds that your ex has violated your court order, there are various options for enforcing the court order. The different options will depend on the facts of your family law case.
Enforcing Child Support And Spousal Maintenance
In Ohio, if your ex misses a spousal maintenance or child support payment, enforcement can involve the local Child Support Enforcement Agency (CSEA) or direct legal action through an attorney. Consequences for noncompliance may include fines, wage garnishment or other financial penalties designed to enforce the order. In the alternative, the noncompliant party could face jail until they agree to comply and make payments.
Enforcing Child Custody And Visitation
Noncompliance with custody orders can also lead to serious consequences. The court may respond to custody violations by ordering jail time, license suspensions or even criminal charges in extreme cases. However, if it is in the child’s best interests, the court can also modify the original custody and visitation order.
Can You Enforce Family Court Orders Across State Lines?
Yes, enforcement of family court orders for support or custody is possible across state lines. Federal laws like the Uniform Interstate Family Support Act (UIFSA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) require that other states enforce Ohio court orders. Likewise, orders from outside the state are enforceable in Ohio.
Can An Alimony, Child Support Or Custody Order Be Changed?
Court orders are binding. However, judges can modify a family court order under specific circumstances. It is important to note that only a court can change these orders. You should never come to a private agreement with your ex without presenting it to the court for approval. Through the mediation process and negotiation, we work toward agreements that both parties find acceptable. Located in Columbus, we serve clients across central Ohio.
Consult A Columbus Enforcement Lawyer
At Baker & Wick LLC, we provide experienced and strategic counsel that meets your family law needs. We want to promote harmony as much as possible. Do not let noncompliance disrupt your life and rights. Reach out today by calling 614-697-2627. You can also send us a message. We provide trusted legal support to facilitate the enforcement of alimony, child support payments or a custody order.