Myrtle Beach Divorce Lawyers – Enforcement of Court Orders
What happens when your spouse or former spouse refuses to comply with a temporary order or even a final divorce order?
A hard-fought battle to protect your property, interests, and your children may seem like it was all for nothing when the other side refuses to do what they are supposed to – they are not bringing the children back to you when they are supposed to, or the child support or alimony check never comes.
Your SC divorce lawyer at Axelrod and Associates can help you to enforce court orders by bringing the other party back to court so they can explain to the judge why they are not paying their child support obligation, or why they are not transferring the property that the court ordered them to transfer.
What types of court orders can be enforced and how does it work?
Types of Court Orders that Can be Enforced in SC
Family court orders are not “self-enforcing.” The judge and other court personnel do not know if the parties are in compliance, and they do not usually move to enforce court orders on their own initiative. But, any party to a family court action can file what is called a “rule to show cause” to force another party to comply with the court’s orders.
Some of the more common situations that may require you to file a rule to show cause include:
- Failure to make alimony or child support payments;
- Failure to transfer property;
- Failure to vacate the family home after ordered to do so by the court;
- Failure to comply with the court’s orders regarding the family business;
- Failure to comply with the conditions of the court order regarding custody, visitation, or care of the children; or
- Failure to comply with any requirement included in an order of the court, whether it is a temporary order or a final divorce decree.
The court can impose other sanctions on the non-complying party, including fines or even jail time for contempt of court. You can also ask the court to order the other side to pay your attorneys fees for the enforcement action…
What is a Rule to Show Cause in SC Family Court?
“Rule to show cause” is a shortened version of: “Rule to show cause as to why you should not be held in contempt of court.”
The rule to show cause must be supported by an affidavit or verified petition that identifies what court order was violated, the specific actions that are contempt of court, and what you are asking the court to do about it.
It must be filed and then served on the other party, and it must include the request for attorney fees. There are several “affirmative defenses” that the other party must “plead” in their response to your rule to show cause, and, if they are not pled in the response, the defenses may be excluded at the hearing.
Whether you are seeking to enforce a court order or defending against a rule to show cause, the consequences of failure can be severe, and it is critical that you get your SC divorce attorney involved as soon as possible.