The difference is a great relationshiP
The difference is a great relationshiP
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If a person is not complying with a court order, an enforcement action may be taken. For example, if the obligor (the person ordered to pay child support) is not paying as ordered, an enforcement action could be filed so the Judge can order compliance. Likewise, if one of the parties is not following the possession order, if one of the parties did not divide the property as ordered, or if one of the parties is not paying a debt as ordered, an enforcement action can be filed so the Judge can order compliance.
It is important to note that a parent cannot withhold possession and access for the other parent's failure to pay child support. Further, if a parent believes an order should be modified, he or she should immediately seek modification of the order, but the judge may still hold the parent in contempt for violating the order if he or she decides unilaterally to change the order.
After hearing testimony and reviewing the evidence presented, if the Judge finds that the order was not followed, the Judge can find the person to be in contempt of court, and, absent certain defenses, the Judge can order the person to pay the attorney fees of the party bringing the enforcement suit.
Benefits of Enforcement
In What Circumstances Would You File a Motion for Enforcement?