Virginia Order Enforcement: Holding Ex-Spouses Accountable
It is frustrating to go through the emotion and work to finalize your divorce, only to have your former spouse refuse to follow your court order. Whether they are ignoring a payment schedule or blocking your time with your children, their disregard of a legally binding document can be maddening. Sean and Zachary have taught a continuing legal education class on contempt and the rule to show cause in family law cases.
If you are dealing with noncompliance, it is important to find an experienced enforcement attorney who can help you understand your options and aggressively protect your rights.
What Types Of Court Orders Are Ignored In Divorce Cases?
Sometimes, a divorced spouse chooses not to follow the obligations set out in their divorce decree or other judicial orders. When a party chooses not to comply, the compliant party might be forced to take legal action to ensure the original ruling is followed. Post-decree enforcement actions are common for many types of orders after a divorce, including:
- Child custody and visitation orders: Refusing to follow the parenting schedule or engaging in visitation interference
- Child support orders: Failing to make child support payments on time or simply failing to pay at all
- Alimony or spousal support orders: Refusing to make spousal support payments
- Property division orders: Failing to turn over assets as mandated such as transferring a title or selling a piece of real estate, as required for property division enforcement
When someone willfully ignores a court order, they leave you with no choice but to seek judicial intervention. An order enforcement attorney can advocate on your behalf to make sure the terms you fought for are actually respected.
What Is The Rule To Show Cause?
In Virginia, a person who disregards a court order is called a contemnor. In a rule to show cause, the contemnor is required to appear in court and explain why they failed to follow the court’s directive.
Filing a motion for contempt of court initiates this process. The judge will hold a show cause hearing to determine if the violation was willful. If the court finds the contemnor is without a justifiable reason for their actions, the judge can impose penalties.
Penalties may include remedial actions like requiring the sale of property, or punitive measures like fines and even jail time for severe and repeated violations. The threat of facing a judge at a show cause hearing is often enough to compel compliance.
How Long Does It Take To Get The Court To Enforce An Ignored Custody Order?
The time it takes to get a custody order violation enforced will depend on the facts and circumstances of your case. While we move quickly to file the necessary papers, the court’s schedule and the severity of the violation can impact the timeline.
In many cases, the court will prioritize cases involving children. This is to ensure the child’s schedule and relationship with the parent are protected. Once a judge finds a violation, they can order immediate remedial steps such as granting make-up parenting time to compensate for time lost due to interference. Our focus is on getting you back the time you are entitled to as quickly as possible.
What Steps Can You Take To Collect Unpaid Financial Or Spousal Support?
If you are facing an ex-spouse who refuses to pay court-ordered spousal support, we can use several legal tools to enforce payment:
- Filing for petition to show cause: We start by filing a petition to show cause and ask the court to find your former spouse in contempt.
- Wage garnishment: Securing payment through wage garnishment for child support or spousal support is extremely effective. This process directs the employer to withhold the owed amount directly from the payer’s paycheck and send it to you instead.
- Writ of execution: We can seek a writ of execution to seize and sell the property or assets of the noncompliant spouse to satisfy the debt.
- License suspension: For significant child support arrearages, the court can recommend license suspension, as outlined by the Virginia code.
When it comes to fighting for money you are legally entitled to receive, our enforcement attorneys will pursue aggressive legal measures.
What Is The Difference Between Civil And Criminal Contempt In Virginia Family Law Enforcement?
The difference between civil and criminal contempt hinges on the court’s purpose in ordering sanctions:
- Civil contempt: Civil contempt is common in family law cases. The goal is to coerce the contemnor into future compliance. Sanctions, like a daily fine or jail time, are conditional. Therefore, the contemnor is motivated to comply with the court order. For example, a parent jailed for blocking visitation would be released as soon as they agree to follow the schedule.
- Criminal contempt: This is rare in standard family law enforcement. The goal is to punish past disobedience of the court. The sanctions are fixed and unconditional. A person must serve the full sentence regardless of whether they comply immediately afterward.
Most enforcement actions aim for civil contempt. After all, the priority is getting the contemptor to follow the court order. At Schmergel Family Law, PLC, we take a collaborative approach to our caseload. We consider all angles, including the potential intersection of family law and criminal law issues. This helps us secure a quicker and more definitive result than single-practice firms.
Consult An Arlington Enforcement Attorney
Put a firm behind you, not just an attorney. If your former spouse is ignoring a court order, you do not have to fight them alone. We can help you uphold the law, protect your rights and fight for your financial support.
To schedule an appointment, you can call us at 703-763-2645. You can also reach out to us by sending a message through our website.