Enforcing court orders/divorce decree in New Mexico can be a stressful and emotional process. Unfortunately, some divorces never seem to end. With some cases, a divorce’s stress and emotions continue after the divorce is signed and finalized. At times, after the divorce is final, one side breaks the court’s order.
For instance, court orders are commonly violated in the following ways:
- Not providing court ordered visitation; or
- Not paying court ordered child support.
Similarly, common divorce decree violations include:
- Refusing to pay court ordered debts;
- Failing to transfer community property;
- Not removing a spouse from a mortgage or loan;
- Failing to divide retirement through QDRO;
- Stalling or refusing to sell the community home or property.
WHAT IS A DIVORCE DECREE IN NEW MEXICO?
A divorce decree is an enforceable court order. Accordingly, both parties must follow the divorce decree’s terms and agreements. Failing to follow the court order can result in several penalties.
In a perfect world, both sides would follow the court order without any issues. However, at times, one side refuses to follow the court order/divorce decree.
ENFORCING COURT ORDERS/DIVORCE DECREE IN NEW MEXICO
Are you looking to enforce a court order/divorce decree? If so, the most common approach is to file a Motion to Enforce the Court Order/Divorce Decree.
For instance, sometimes one parent refuses to follow a custody or visitation order. Specifically, one parent may refuse court ordered visitation time, or may refuse to pay court ordered child support. In this situation, a parent can file a motion to enforce the visitation/child support order.
ONLY THE COURT CAN CHANGE A COURT ORDER
Has your family court judge signed a court order? If so, that order is legally binding and enforceable. Moreover, only the court can modify that order. The necessary modification can take place by:
- Motion to modify; or
- The parties sign a stipulated order that changes the old order.
Court orders are not suggestions. As such, following the court is mandatory. Most importantly, court orders are valid and enforceable until modified.
ALL VIOLATIONS ARE NOT CREATED EQUALLY
New Mexico courts are flooded with motions and legal request. Some of these motions include significant and concerning emergencies or acts of abuse. Additionally, some Restraining Order of Protections involve life-threatening emergencies. On the other hand, some motions involve minor violations. Accordingly, NM courts prioritize emergency and non-emergency issues. In other words, it takes longer for a non-emergency issue to get into court.
Some enforcement motions involve significant and concerning violations. Conversely, some motions involve relatively minor issues. Usually, due to time and resource constraints, NM courts only deal with significant violations.
For example, here are some examples of concerning issues that may result in contempt or sanctions:
- Refusing to refinance or sell a home by a required date;
- Failing to pay child support;
- Not paying spousal support/alimony; or
- Preventing court ordered visitation.
Here are relatively minor issues that likely will not result in contempt or sanctions:
- Poor or delayed communication;
- A parent missing an occasional call or communication with a child;
- One parent is infrequently late for an exchange;
- Negative comments about the other parent that aren’t blatantly offensive;
- Rude communication that is not abusive or shockingly offensive;
- Parent infrequently fails to exercise visitation order. For example, this issue is better addressed with a motion to modify visitation.
POTENTIAL ENFORCEMENT OPTIONS/PENALTIES
Court orders can be enforced in several ways. These enforcement options include:
- Court Order for immediate payment that includes potential sanctions or penalties;
- Wage withholding;
- Tax refund; or
- Suspending one’s driver’s license.
ATTORNEY FEES FOR ENFORCING COURT ORDERS/DIVORCE DECREE
The court can award the attorney fees that one incurs for enforcing court orders/divorce decree. In fact, most enforcement matters carry the potential for awarding attorney fees. With that said, the likelihood of attorney fees being awarded depends on the following:
- The specific violation;
- Each party’s conduct; and
- Case history.
For more information on NM family courts awarding attorney fees, click HERE.
ALBUQUERQUE LAWYER FOR ENFORCING COURT ORDERS/DIVORCE DECREE
It is always important to hire an experienced custody and divorce attorney in New Mexico. You see, your divorce or custody order’s language could be the difference between success or failure. For instance, fuzzy language in your Parenting Plan or Marital Settlement Agreement could result in a Motion to Enforce being denied. Additionally, incomplete information regarding assets/debts may provide your ex with an opportunity to prolong the sale or refinance of your home or property.
Because of these potential problems, it is essential to an experienced divorce and custody attorney.
Matthew Sanchez is a battle tested divorce and custody lawyer in New Mexico. Sanchez has handled divorce and child custody across New Mexico, including: Rio Rancho, Santa Fe, Los Lunas/Belen, Gallup/Grants, Estancia/Socorro, and Taos. Talk to a seasoned and successful divorce and child custody attorney. Talk to (505) SANCHEZ.
