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Enforcement of Judgment

Once a trial judge or appellate judge has entered their “Final Judgment” through a document known as either a “Marital Settlement Agreement/Consent Decree,” a “Trial Judgment,” or an “Appellate Ruling,” then the parties are bound by the terms of the “Decree of Dissolution.” If a spouse fails to follow the terms and conditions set forth by the judge, then the judge can be notified of this violation. He will then issue an “Order to Show Cause,” which requires the non-compliant spouse to come into court and convince the judge as to why they should not be held in “Contempt.” If their reasons for violating the orders are not sufficient, the judge can issue various sanctions ranging from monetary fines, removal of certain rights, all the way up to imprisonment. Many times a judge will garnish the non-compliant spouse’s wages in order to bring the past due “Child Support” payments current. Another tool for leverage that the judge has is the ability to revoke a spouse’s driver’s license, or start the process to revoke their professional certification or license.

If you are contacting The Cantor Law Group for a free initial consultation in order to seek “Enforcement” of your rights, please bring in all previously existing decrees and paperwork when coming in for your free initial consultation. It is also wise to bring in copies of all canceled checks with payments that you have made to your spouse, or received from your spouse since the “Decree of Dissolution” has been in place.

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