If a party is not following the terms of the agreements or the Final Judgment, the recourse may be to file a Motion for Contempt or Enforcement. Before filing these actions, a party will want to consider whether the Court has the ability to grant the relief requested, and whether the evidence necessary to prove the violation exists. Monica can assist the client in determining whether these actions are appropriate, and the best strategy to accomplish his/her goals. Monica will strive to resolve the matter amicably, but if necessary will use her experience and skills to present the violation to the Court and fight for the appropriate sanctions.
In order to be sanctioned for the failure to pay, we must be able to prove that the party has the ability to pay. Therefore, evidence will need to be presented to the Court, that the party not complying is willingly choosing not to pay, even though the funds are available. The easiest way to enforce payment is through an Income Withholding Order, where the employer takes the funds directly from the obligor's paycheck. But, this option is usually not available if the obligor is self-employed, or is paid via cash.