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Motion to Enforce

Motion to Enforce Child Support

A Motion to Enforce Child Support is filed against an Obligor (person ordered to pay child support) when he/she has failed to pay their monthly obligation. A Motion to Enforce respectfully requests the Court to find the Obligor in contempt of Court. You are found in contempt of Court when you fail to abide by a Court Order. Should the Court find you guilty (i.e. in contempt of Court), you may be sentenced to County Jail for up to 180 days and/or fined $500.00 for each violation you are found in contempt.

If you are the Obligee (person child support is owed to), a Motion to Enforce will allow you to bring the Obligor before the Judge and have them explain why he/she has failed to pay their monthly child support. Moreover, A Motion to Enforce may also provide you an opportunity to obtain a Judgment against the Obligor and a payout (on top of the Court ordered child support) on said Judgment. Let us not overlook, the fact that said Judgment will accrue a 6% interest rate. In lieu of incarceration, the obligor may be placed on probation for up to 120 months. Probation will allow the Court to set “Compliance Hearings.”

A Compliance Hearing is a setting to allow the Court to check the status of the Obligor’s payments. Should the Obligor not keep his promise, the Court may Revoke his Probation and place him in Jail. It is in your child’s best interest that child support be paid! Do not hesitate to contact Attorney López to find out what you need to file a Motion to Enforce Child Support!

If you are the Obligor being sued for failure to pay child support, you may not have to face jail time. The Court may suspend your commitment to jail and place you on probation. As previously discussed, the law allows you to enter into an agreement and a payment plan to pay off the arrears that have accumulated. Probation will allow you an opportunity to prove to the Court that you can comport with the law/order and will continue to make your monthly payments. You may be placed on Probation for up to 120 months. However, should you pay off the entire Judgment before the expiration of your probation, you probation will automatically end. If you are being sued for failure to pay child support, contact Attorney López as soon as possible! You have rights and jail is NOT the only option!


Motion to Enforce Possession and Access

Have you been denied Access to your children?

If you have a Court order providing you with possession and access with your children, you may be able to file a Motion to Enforce Possession and Access.

A Motion to Enforce Possession and Access will allow you to bring the Primary Conservator before the Court and explain why they have been denying you access to your child/ren. Should the Court find the other party guilty (i.e. in contempt of Court), they may be sentenced to County Jail for up to 180 days and/or fined $500.00 for each violation they are found in contempt.

Most importantly, should they be found in contempt for failure to allow you possession and access, you may be able to obtain “make-up” visits with your child/ren.

If you are being sued with a Motion to Enforce Possession and Access, you do not have to face jail time. The Court may suspend your commitment to jail and place you on probation. As previously discussed, the law allows you to enter into an agreement and provide “make-up” visits. Probation will allow you an opportunity to prove to the Court that you can comport with the law/order.

You may be placed on Probation for up to 120 months. If you have a hearing on a Motion to Enforce Possession and Access, contact Attorney López as soon as possible! You have rights and jail is NOT the only option!