After a divorce is settled in Arizona, the final divorce decree may include orders for child support, visitation, and spousal support. If your ex has failed to comply with any orders of your divorce decree, it takes a skilled family law attorney for the enforcement of an agreement.
At Cohen Family Law, we are highly experienced in post-divorce modifications and enforcement of agreements. Though we prefer to resolve disputes through negotiations and encourage clients to work out modifications, we are always ready to go to court to enforce the order.
Knowing that an enforcement action can be a lengthy and complicated process, we will guide you every step of the way. Above all, we will provide you with informed representation when you need it most and always work in your best interests. Please contact our office today to learn how we can help.
Arizona Post-Divorce Enforcement Agreement Attorneys
Our family law attorneys have handled all types of enforcement actions. Whether your ex is not paying ordered child support, is restricting your visitation, or has refused to comply with property orders (e.g. not making ordered credit card, mortgage, and auto loan payments), we are well-prepared to help.
Child Support Enforcement
Although each parent should provide for their children, the noncustodial parent is typically ordered to pay child support, which is designed to ensure that a child’s basic needs are met, such as:
- Health care
- Extracurricular activities
Because delaying or not making child payments at all can jeopardize both the child and the custodial parent, violating a child support order can result in civil and criminal liabilities. If you are not receiving the child support you are owed, our experienced family law attorneys can help you ask the court to enforce the order.
The court can take several steps, including garnishing wages, placing a lien on personal property, or seizing bank accounts. In cases where the paying parent has failed to meet his or her obligations for 12 months or more, it may be necessary to seek relief in Accountability Court, which is specifically designed to address child support and spousal maintenance issues.
Regardless of the forum, trust Cohen Family Law to protect your interests.
Child Visitation Enforcement
In an Arizona divorce, the parties are required to agree on a parenting plan that establishes the noncustodial parent’s visitation rights. If the custodial parent has wrongfully denied access to your child or engages in parental alienation, our visitation enforcement lawyers will work to restore the parenting time you deserve.
We will file a petition to enforce visitation. If the court finds the custodial parent has failed to comply with the parenting time schedule without good cause, he or she may be held in contempt of court.
The court can take a number of steps, including ordering make-up parenting time for your missed time with the child. Also, the violating parent may be ordered to attend parent education and family counseling, as well as pay a civil penalty.
At Cohen Family Law, we understand the disputes involving child custody and visitation can be emotionally charged. We will provide you with trustworthy advice and objective insights and help you restore your parental rights.
Spousal Maintenance Agreement Enforcement
In a divorce, the court may order temporary (“rehabilitative”) maintenance to help the receiving party prepare for financial independence. Permanent maintenance is ordered in rare cases, particularly when the duration of the marriage is a decade or more and one spouse is unable to financially support him/herself due to disability or advanced age.
If you have not received the spousal maintenance owed to you, turn to our family law attorneys.
We can help you take legal action to enforce the order. The court may enforce the order in several ways, including:
- Wage garnishment
- Liens against the property
- Bank levies
In rare cases, the non-paying party may be held in contempt of court and face jail time; however, the courts are reluctant to take this step since doing so will prevent that person from earning income to pay the ordered spousal maintenance.
Contact Our Experienced Post-Divorce Enforcement Agreement Attorneys
At Cohen Family Law, we are keenly aware that family transitions can be difficult to navigate and even more so when either party fails to comply with the orders of a divorce decree. Whether you are seeking child support arrears, restoration of your parental rights, or unpaid spousal maintenance, our highly skilled family law attorneys will offer you compassionate representation and dependable service.
While we prefer to reach negotiated settlements, we are fully prepared to litigate your case in court. Above all, we will work tirelessly to protect your rights and achieve the best possible outcome for you and your children. Please contact our office to set up a consultation with one of our experienced family law attorneys.