Divorce Enforcement in East Islip, NY
The process of divorce can take years before it is finalized. During a trial, a judge will evaluate all the testimonies and evidence to make a decision regarding child support, spousal support, child custody, and property division which is later on written in a decree.
Once the divorce case is settled, the court will issue a decree. This decree is legally binding, and if anyone ignores this court-issued order, the negligent party will face serious repercussions.
Unfortunately, not all ex-spouses can comply with some or all of the terms outlined in the divorce decree or divorce settlement agreement. A non-compliance with a court-issued order can be dealt with by first going over the decree to check your ex-spouse’s duties and responsibilities then bringing up the issue to the court to enforce the decree.
If your ex-spouse fails to follow the settlement agreement, our East Islip divorce enforcement attorney can protect your rights and help you enforce the order issued by the court. Talk to our Suffolk County family law attorney by calling 631-920-3848 to get legal help today.
Divorce Enforcement Violations
There are a few ways in which your ex-spouse can disobey the divorce decree on property division, custody and visitation, child support, and spousal maintenance.
Problems With Property Division
After a divorce, the couple divides their assets as well as their debts. This isn’t an easy process, as the couple needs to sort through their small possessions, bigger properties may need to be sold, and deeds may have to be transferred.
Distributing and transferring your property and assets may take time, and it may still not be finished even after the decree is issued. This may cause problems along the way, as your ex-spouse may refuse to give the assets that are rightfully yours, or attempt to manipulate the process to delay it. Eventually, you might end up not getting some of the property allotted for you after the divorce.
If you’re encountering problems in the division of marital property, contact our East Islip divorce enforcement attorney today.
Issues With Child Custody and Visitation Rights
Child custody and the right to visitation are some of the most complicated matters that ex-couples must discuss. There are different types of custody, namely:
- Physical Custody – The right to have a child live with the parent. If the child primarily lives with one parent and has visitation with the other, generally the “custodial” parent, the parent with whom the child primarily lives, will have primary or sole physical custody, and the noncustodial parent will have the visitation rights or parenting time with his or her child.
- Legal Custody – This means having the obligation and authority to make decisions about your child’s upbringing. This includes making decisions about their schooling, medical care, religious upbringing, etc.
- Sole Custody – Sometimes, the court awards sole physical custody or sole legal custody to one parent if the other parent is considered unfit to take care of the child. For instance, if the parent is dependent on a drug or alcohol or dealing with charges of child neglect or abuse.
- Joint Custody – Parents who aren’t together usually have shared custody of the child. This means that they share the physical or legal custody of their child.
Failing to comply with child custody and visitation orders can lead to serious legal problems and even take away some of your quality time with your child. In some cases, you can be prevented from seeing your child even if the court has granted you joint custody or visitation rights.
Call us at 631-920-3848 today to get legal help with your custody case from our experienced East Islip family lawyers.
Failure to Pay Child Support and Alimony
All parents have the legal responsibility to support the growth and development of their children. Whether they are together, divorced, or legally separated, every child deserves to receive support from both of their parents.
Managing your finances is difficult after getting a divorce, especially if your ex-spouse isn’t paying the alimony and child support that the court has required them to pay. Even late payments can affect your finances, like being able to pay the bills, your children’s daily needs, and your living situation. If your ex-spouse continuously delays giving the support payments, you can ask the court to enforce the divorce decree.
If you’re experiencing trouble with your divorce decree, schedule a consultation with our East Islip divorce enforcement lawyer today. We can help you assess your situation and come up with the best solution for your case.
Enforcing the Decree
While there is nothing much that you can do to make your ex-spouse comply with the divorce decree on your own, you can request a judge to enforce the decree since it is a court-issued order.
If your spouse is engaging in behavior that could put you in danger, don’t hesitate to inform the police right away.
To deal with the situation, the first step you must do is to discuss your concerns with your divorce attorney. Sometimes an authoritative letter to your ex-spouse from your lawyer explaining the legal ramifications of not complying with a divorce decree can be enough to make things right.
However, if things still don’t improve, our East Islip divorce enforcement lawyer can help you determine what legal actions to take next.
Gathering the Evidence
One important thing you should do for a successful intervention is to provide the court with evidence of your ex-spouse’s failure to comply with the decree. You can provide financial transactions or written forms of communications, such as texts and emails.
These documents are crucial to support your case. As the injured party, it is your responsibility to provide proof of your accusations against the other party, which can be useful in court. When a judge reviews your case, they will decide the best course of action to take in order to enforce the divorce agreement.
To help you with your case, it is important to have an experienced East Islip divorce enforcement attorney by your side to assist in all the legal aspects of your case.
Penalties for Non-compliance
If proven that your ex-spouse is disobeying the decree, the court may penalize them through the following means.
- Lien on house or business
- Confiscation of passport, professional license, or driver’s license
- Wage garnishment
- Freezing of bank accounts
- Withholding tax refunds
Get Help from a Suffolk County Divorce Attorney!
A divorce decree is a court order that is legally binding, and the court will uphold it no matter what. If your ex-spouse fails to comply with the terms in your divorce agreement, bringing up the issue with a good divorce lawyer is best.
Our East Islip New York attorneys at Donato Law can help. Our East Islip family law, estate planning & business law firm can provide legal assistance if you have a post-decree issue, as well as provide legal advice for other divorce matters such as child support, alimony, or domestic violence.
Contact us today at 631-920-3848 for an initial consultation.