Obtaining a paternity or divorce decree is often the easiest part of a divorce. Actually enforcing what has been ordered is often the frustrating part.
In order to enforce a decree, one must file an Order to Show Cause with the Court. An Order to Show Cause essentially requires the other party to explain to the Court why they have not complied with the decree.
An Order to Show Cause must be personally served on the other party. The other party will have an opportunity to respond and provide documentation that they have complied or, at the very least, why they have not been able to comply.
Common issues that arise are withholding parent-time, failure to pay child-support or alimony, and failure to sell a home or pay mortgage payments. The Court will often require the parties to mediate these issues before the Court will make a decision. This is most common in cases with children.
For more information on enforcing a parentage or divorce decree please visit the Court’s website.
Our office represents individuals both pursuing and defending an Order to Show Cause.