Enforcing Court Orders and Decree of Divorce Attorneys in Ogden, Utah
If you already have a valid court order and the other party refuses to comply with the terms of the order, you have the right to request the other party be held in contempt of court and seek enforcement of the terms by filing a Motion to Enforce.
A party will be found in contempt of court if he or she knew about the order, had the ability to perform the terms of the order, and failed to do so. Being held in contempt of court can result in jail time, financial sanctions, community service, or even the requirement to attend a parenting course. The court can also order the party to comply with the order and enter a judgment for any amounts owing for child support arrears, day-care arrears, out-of-pocket medical expenses, alimony arrears, etc.
If the parties have joint legal or physical custody and the matter at issue pertains to co-parenting, withholding parent-time, or other non-financial parenting provisions, the parties are required to attend mediation first before seeking to file a Motion to Enforce and scheduling a hearing.
The court cannot modify the terms of the court order at a Motion to Enforce hearing. If you are seeking to modify the terms then a Petition to Modify must be filed.
Attorney Fees: In any action to enforce the terms of an order, the court may award costs and attorney fees upon determining that the party substantially prevailed upon the claim or defense. The court has discretion to award no fees or limited fees against a party if the court finds the party is not able to pay the fees or enters on the record the reason for not awarding fees.