What to Do When Your Ex Does Not Follow a Court Order
In North Carolina, court orders, whether entered by a judge after hearing evidence or entered by a judge after the parties agreed to a set of terms, establish parameters for the parties to operate within. Orders may require specific actions of the parties, or they may require the parties to refrain from certain behaviors. While most individuals comply with court orders, instances of noncompliance do occur. Failure to comply with court orders can result in severe consequences. Dealing with a noncompliant party can be frustrating, but specific steps can be taken to seek relief from the court.
The most common court orders often include terms surrounding issues of:
- Child Custody
- Child Support
- Equitable Distribution, and
- Spousal Support
Consequences of Disobeying a Court Order
Disobeying court orders can have significant repercussions for the non-compliant party and can also have a devastating impact on the innocent party. Non-compliance can leave an innocent party in challenging situations, forcing them to pursue legal enforcement of the order through the court system. The most common approach is to file a motion for contempt, which initiates the legal process to address the violation and potentially result in consequences for the non-compliant party.
In response to a failure to obey a court order, courts possess the authority to hold an individual in contempt of court. Two distinct categories—civil and criminal contempt—each with its own set of requirements and potential consequences, exist. Based on the severity of the non-compliance and other relevant factors, the court may find the offender in contempt and impose penalties such as fines, awarding of attorney fees, deprivation of privileges, and, in certain cases, incarceration.
To enforce an order, it is crucial to determine whether the failure to comply is willful or non-willful. This assessment involves evaluating whether the person is aware of the order and if they have the financial and physical resources to comply. It is also essential to consider any uncontrollable obstacles preventing compliance. For instance, job loss resulting in an inability to pay child support is a typical example of non-willful contempt.
In cases involving non-compliance with court orders, the courts generally aim to find a sustainable solution. This may include an eventual modification of the order, allowing the court to reconsider and potentially adjust the terms that a party struggles to adhere to. However, for repeated non-compliance, the consequences can be severe depending on whether the contempt is considered civil or criminal in nature and potentially include monetary fines, sanctions, the obligation to pay the opposing party’s attorney fees, loss of privileges, or even imprisonment.
If you’re experiencing challenges with enforcing court orders related to child custody, child support, spousal support, equitable distribution, or contempt issues, it’s crucial to seek the guidance of a skilled family law attorney. At Hopper Cummings, our attorneys recognize that navigating such legal matters can be emotionally taxing and frustrating. We prioritize resolving your issues effectively through collaborative negotiation and peaceful mediation, aiming to achieve the most favorable outcome for you. For a confidential consultation about how we can help you remedy these situations, contact the attorneys at Hopper Cummings today. Call 919-533-4115, or complete our online form.
