In high-conflict divorce and child custody cases, there is almost always one individual who feels that he or she is above the order of the law. Sometimes, it may be a mom who feels that she does not have to allow the father to see the child; other times, it may be an ex-husband who refuses to pay spousal support. Whatever the reason may be, when an individual willfully disobeys court orders, he or she can be held in contempt of court. Unfortunately, if you are dealing with a former spouse or parent who refuses to follow the judge’s orders, you must go back to court to prove that the order was intentionally disobeyed without just cause. At the Law Office of Clark Udeshi and Associates, our post-divorce enforcement attorneys have extensive experience in dealing with contemptuous individuals. We will help you take the legal measures necessary to ensure that the other party is justly reprimanded for his or her actions.
From child support orders to child custody arrangements, divorce settlements to protective orders, there are several orders that a Dallas family court judge can hand down that an individual may violate. When an individual willfully violates a judge’s orders, he or she may be held in contempt of court. However, the petitioning party must prove that the violation was willful and intentional and that it was done without just cause. For instance, if a mother could not get her child to the meeting place to switch custody with the father because of a snowstorm that blocked her in, she would not be in contempt of court. On the other hand, if she simply refused to meet the father, and then took the child somewhere where the father could not find her, she would be held in contempt and punished accordingly.
Being in contempt of family court does not always result in jail time, as you see on the movies. If possible, the judge will give the violator an opportunity to make up for the violation. For instance, the contemptuous mother could forfeit her time with the child to allow the father to make up for all the time he missed. However, if the violator is a repeat offender – meaning he or she made it a habit to constantly violate the court orders – the judge may feel that a harsher punishment is in order. In such instances, the judge may fine the offender and sentence him or her to jail time.
Additionally, if it is a child custody agreement that is routinely violated, the judge may feel that a modification to the existing agreement is in order. If your former spouse continuously violates your child custody agreement, our post divorce modifications attorney can provide you with the support you need to enact a drastic change to the existing order.
Consult a Dallas Post-Divorce Enforcement and Modifications Lawyer
If you are dealing with a former spouse who routinely violates your divorce and/or child support agreement, contact our Dallas family law attorneys right away. When an individual does not adhere to your post divorce orders, it can make it difficult to plan and live your own life. That is not fair to you. Our post divorce enforcement lawyers will review the conditions of your order, determine in what way it is being violated, and give you legal advice on what can be done to enforce the issue. Call the Law Office of Udeshi Clark and Associates at (469) 914-5564 to speak with an attorney today.