Andrew Bryant Knows How CO Family Law Courts Enforce Decisions
Most people think obtaining a favorable court decision regarding family law matters is the end. Perhaps the case was an emotional battle, but that is all over now, and a ruling has been made, right?
In some situations, this is true. A decision is made, plans are created for both parties, and they follow them flawlessly. Property is divvied promptly, any required payments are made on time, and everyone does their best to adhere to the plan if children are involved.
Not always, though. In his years of successfully handling all kinds of family law matters for clients, Andrew Bryant has seen a little bit of everything – including cases where one or both parties choose not to follow the plan. In these situations, rather than being the end, getting the court decision you wanted becomes merely the first step in the legal process.
If you find yourself in this type of situation, it is crucial that you work with a skilled Colorado family lawyer who is well-versed in all of the legal options available to help enforce the decisions made by the court – and someone who will fight aggressively for your rights. At The Law Office of Andrew Bryant, we understand the urgency and importance of your situation and are ready to protect you and your family, ensuring everyone involved follows the mandates set down by the court.
Let Us Help You Enforce the Decisions Made in Your Colorado Springs Family Law Case
State statutes, court rules, and case law primarily govern the enforcement of family law decisions in Colorado Springs. Colorado Revised Statutes and the Colorado Rules of Civil Procedure set forth the legal framework for enforcing court orders and judgments in family law cases.
How does the court do this?
When parties seek enforcement remedies, it plays a critical role in enforcing family law decisions and ensuring compliance with court orders. It evaluates the evidence presented and issues appropriate orders to compel compliance.
The court may also hold hearings or contempt proceedings to address allegations of non-compliance and impose sanctions or penalties for disobedience.
Additionally, the court has the authority to modify or amend existing court orders based on changed circumstances or new evidence. If a party cannot comply with a court order due to a significant change in financial circumstances, the court may consider modifying the order to reflect the party’s current situation.
What Are Some Ways Colorado Family Courts Can Enforce Decisions?
Common enforcement mechanisms that are available to us in family law cases include:
Contempt of Court
When a party fails to comply with a court order, the aggrieved party may seek enforcement through a contempt proceeding. Contempt of court involves willful disobedience or disregard of a court order, which can result in sanctions, fines, or imprisonment for the non-compliant party.
Wage Garnishment
In cases involving child support or spousal maintenance, the court may order wage garnishment to ensure timely and consistent payment. Wage garnishment allows the court to deduct support payments directly from the non-paying party’s paycheck before receiving it.
Property Liens
If a party fails to comply with a court order to transfer or sell property, the court may impose a lien on the property to secure the payment of any financial obligations owed to the other party.
Seizure of Assets
In cases where a party refuses to comply with a court order to pay a monetary judgment, the court may authorize the seizure of assets or property belonging to the non-compliant party to satisfy the judgment.
Driver’s License Suspension
Failure to pay child support or comply with other court-ordered obligations may result in the suspension of a party’s driver’s or other professional licenses.
These are all potential ways for us to try to get the other party to comply with the court orders. However, it is essential to think the issue through and consider all options before moving forward. Practical implications and potential consequences may come with seeking enforcement remedies.
Some of these considerations include:
- Cost and Time. Pursuing enforcement remedies through the court system can be costly and time-consuming. Parties should weigh the potential benefits of enforcement against the expense and effort involved in pursuing legal action.
- Enforcement remedies are only effective if the non-compliant party has the financial means or assets to satisfy the court’s orders. Parties should assess the likelihood of successfully enforcing court decisions based on the other party’s financial situation and willingness to comply.
- Your Child’s Best Interests. In cases involving child support or custody issues, the primary consideration should always be the child’s best interests. Parties should prioritize cooperation and communication to minimize the impact of enforcement disputes on the children involved.
You may want to consider negotiating with the non-compliant party, going to mediation, or utilizing other alternative dispute resolution options before seeking enforcement through the court. These approaches can be more cost-effective and less adversarial than litigation, making them better for all involved—especially any children—if they work out. Ask us for more information about the specific options available in your situation.
Do Not Let Your Former Partner Get Away with Ignoring the Court’s Decision – Reach Out Today So We Can Help You Fight Back
Enforcement of family law decisions is essential for upholding the integrity of the legal system and protecting the rights and interests of parties involved in family law cases.
In Colorado Springs, enforcement mechanisms are available to compel compliance with court orders and ensure accountability. However, these mechanisms must be sought out, and you must go through the sometimes convoluted legal process to utilize them.
At The Law Office of Andrew Bryant, we are ready and willing to help. Whether that means assisting you in finding alternative resolution methods or going through the court, Andrew Bryant will be by your side every step of the way. Get in touch now to get started with a free consultation.