Stafford, Virginia Lawyers for Post-Judgment Enforcement

Aggressive Attorneys Enforcing Divorce Decrees in Stafford

A divorce decree often contains multiple provisions regarding property division, alimony, child custody, and other pertinent issues. However, when one spouse violates or even willfully ignores the terms, it can be frustrating to deal with. With the help of a post-judgment enforcement attorney in Stafford, VA, you can take legal action against a spouse who goes against a court order.

At Meyer & Bowden, PLLC, we are highly familiar with Virginia family law, drawing on decades of experience and successful case results. Attorney Tracy A. Meyer has been recognized as a Super Lawyer for over a decade for her professional excellence and achievements.

Child Custody and Visitation Enforcement in Virginia

Enforcing custody and visitation orders is essential to preserving the stability in a child's upbringing. When a co-parent denies or interferes with court-ordered parenting time, you have options under Virginia law to compel compliance.

The first step is to document each missed or denied visit, including dates, times, and any communications. This record forms the basis of your enforcement petition. You then file a motion in the court that issued the original custody order, explaining the violations and requesting relief.

At the enforcement hearing, the judge reviews the facts and hears from both parents. The court can take actions ranging from ordering make-up parenting time to imposing monetary sanctions on the non-compliant parent. In cases of repeated or severe interference, the judge may adjust the custody arrangement to protect the child's best interests.

If your case involves safety concerns such as domestic violence or substance abuse, the court may expedite enforcement and involve child protective services. Our attorneys can help you navigate these complexities and advocate for swift relief.

Recovering Unpaid Alimony and Child Support

When a former spouse fails to pay alimony or child support, the financial strain can be overwhelming. Virginia law provides mechanisms to enforce these obligations and recover amounts owed.

You begin by filing a motion for contempt or a petition to enforce support in the court that entered the original decree. The motion must include evidence of the outstanding balances, such as payment histories or account statements. The court then schedules a hearing to address the enforcement action.

At the hearing, the judge examines the evidence and may order wage garnishment, liens on property, or interception of tax refunds to collect past-due amounts. In addition, the court can require the delinquent party to pay your attorney's fees and court costs. For ongoing reliability, the court may direct that support payments be made through the state's child support enforcement agency. This ensures that payments are tracked and disbursed promptly, reducing the chance of future lapses.

What Is Contempt of Court?

Contempt of court is a legal finding that someone has willfully disobeyed or shown disrespect for a court order. In post-judgment enforcement contexts, contempt is a powerful tool to compel compliance with custody or support provisions.

To hold someone in contempt, you must prove that a valid court order existed, the person knew about the order, and they intentionally violated it. Accidental or unavoidable failures can be excused if the non-compliant parent demonstrates good cause.

If the court finds contempt, it can impose sanctions including fines, community service, or even jail time in extreme cases. The primary purpose is to coerce obedience, not to punish for punishment's sake. Once the contempt order is entered, the court retains jurisdiction to ensure that the violating party conforms to the original decree.

Contact a Stafford, VA Post-Judgment Enforcement Lawyer

Enforcing a custody, visitation, alimony, or support order can be stressful and legally complex. At Meyer & Bowden, PLLC, our Stafford, Virginia post-judgment enforcement attorneys guide you through every step, from filing your motion to representing you at the enforcement or contempt hearing. Call 703-722-8692 or contact our Stafford, Virginia post-judgment enforcement attorneys to schedule a consultation today.