Enforcement of Court Orders in Kansas City
How do I enforce a child custody court order?
Child custody is assigned after paternity is established or after a divorce. If you are given sole-custody, then there are circumstances under which your rights may be violated. Under some circumstances, a non-custodial parent may take the child and retain physical custody when they are not entitled to do so. In this case, you may pursue an enforcement of the court order pertaining to your original custody arrangement. According to MRS §452.425, a law enforcement officer can be issued an order to remove a child from the custody of a parent who does not have the legal right to physical custody and restore the child to the custodial parent.
In some cases, a non-custodial parent may become hostile and highly dissatisfied with the provisions of the court after custody and visitation rights are assigned and the divorce is finalized. In these cases, the non-custodial parent can often act rashly and take physical custody of the child, potentially leading to charges of child abduction or endangerment. Under other circumstances, a custodial parent may deny the other parent rights to visitation as an act of retaliation. These are difficult cases that may require court intervention. Need an attorney for court order enforcement in Kansas City? If you are suffering from either of these circumstances, then utilize a Kansas City divorce attorney's knowledge and legal assistance to protect your rights.
Enforcing Child Support and Spousal Support
Every parent or spouse is required to fulfill their legal obligations by paying court ordered support in the event of a divorce. Unfortunately, there are many times when individuals fail to comply with the court order and are either late on their payments or fail to pay support at all. In cases of this nature, the court can step in and intervene by enforcing parental responsibilities. The first step is to file a petition with the court explaining how the other parent/spouse has failed to abide by the court order. You should also include a copy of the original court order which explains their financial obligations. This petition is essentially a formal request for the other person to be found in contempt of court. After you file your petition, you will be given a scheduled court date and you must legally serve the other individual giving them proper notice.
There are several different ways to enforce financial support which the court can use. Some of the most common enforcement methods include:
- Taking from personal earnings (wage garnishment)
- Taking from their tax refund
- Taking from workers' compensation payments
- Deducting unemployment benefits
- Taking from their pension or retirement benefits
- Deducting from their lottery winnings
- Being found in contempt of court which can lead to incarceration along with legal fines
- Suspending their driver's license along with any professional licenses
- Freezing or taking from their bank account
- Placing a lien on their real estate or personal property
- Federal prosecution as a criminal act
It is important to remember that child custody and child support court orders are considered to be two separate entities. If the other parent is denying you visitation or custody rights, you are still legally obligated to make your child support payments. Speak to your divorce attorney today about what enforcement method would be right for you.
Contact a Kansas City Enforcement Attorney
Looking for a lawyer for enforcement in Kansas City? At The Reynolds Law Firm, LLC, we have a long history of success in the cases that we have handled in the past and we can help you pursue your rights. We are a client-driven law firm; we care about you and we will stand by you throughout the duration of your case. We have been included in the 2009 list of Super Lawyers®, have received a prestigious peer review rating from Martindale-Hubbell® , and have received a Best of the Bar nomination in the Kansas City B usiness J ournal since 2006. We have the skill and the experience that you need on your side. Let us put our knowledge and resources to work for you.
Speak with a Kansas City divorce lawyer from The Reynolds Law Firm, LLC today to get learn more about the enforcement of court orders.