According to the Custodial Mothers and Fathers and Their Child Support 2017 report, approximately 30.2% of custodial parents who were supposed to receive child support did not receive any payment. One member of a divorced couple may petition the court to enforce or modify an existing parenting plan if the other party is delinquent on his or her expected parental responsibilities by filing a post-judgment motion. If you wish to modify or enforce existing child support, child custody, or spousal support arrangement (including contempt orders), consulting with knowledgeable Pennsylvania family law attorneys is important for detailed guidance.
At Iwanyshyn & Associates, we are dedicated to providing comprehensive legal guidance and compassionate representation in parenting plan modification, contempt orders, or enforcement matters. Our attorneys are available to discuss your unique circumstances and help you understand your available legal options. Whether you want to enforce or modify an existing child custody order or support agreement or deal with a contempt order, our team will offer you the experienced legal counsel and advocacy you need and work diligently to address your needs and concerns. Even if you want to file a contempt action, we will represent you vigorously in court.
Our team at Iwanyshyn & Associates proudly serves clients across Allison Park, Pennsylvania, and surrounding communities, including Allegheny, Cranberry Township, Pittsburgh, Beaver, Butler, and Westmoreland counties.
In the Commonwealth of Pennsylvania, the court expects both parties to comply with parenting plans or support orders. When one party in the divorce violates the terms of the agreement or is delinquent on payments, the other spouse may go to a Pennsylvania family court to remedy the situation. The first step in enforcing a parenting plan or support agreement is to file a motion seeking enforcement with the court.
If the higher-earning spouse refuses to pay spousal maintenance to the lower-earning spouse, the receiving spouse may file a motion for the court to enforce the alimony order. If the paying spouse continues to disobey the court order, a judge might impose a fine or order jail time.
Falling behind on or failing to pay court-ordered child support payments is a violation of the Pennsylvania family court’s child support order. When this happens, the custodial parent can file a court action to enforce the support order or request the assistance of Pennsylvania CSE’s (Bureau of State Child Support Enforcement) enforcement services.
When a parent fails to comply with or violates the child custody order, the other party can petition the court for enforcement or modification of the child custody arrangement. An experienced attorney can help file the proper paperwork and fill in the required information needed to seek enforcement.
If an ex-spouse deliberately fails to follow court orders or willfully defaults on his or her alimony obligations or child support payments, the aggrieved spouse can petition a contempt action requesting in which the court enforces the existing parenting plan and punishes the delinquent spouse. A knowledgeable attorney can help you file the paperwork and represent you in court.
In order to prove contempt, you must show that:
There is a valid court order in effect
The other spouse had knowledge of the existing court order
The facts of the case show a plain violation of the order
The delinquent spouse was given proper notice of the contempt hearing and a chance to be heard
Contempt is a suitable remedy for the violation
Pursuant to Pennsylvania Consolidated Statutes Section 5323(g)(1), a party who willfully fails to comply with any custody order may, as prescribed by general rule, be adjudged in contempt. Contempt shall be punishable by any one or more of the following:
Imprisonment for a period of not more than six months
A fine of not more than $500
Probation for a period of not more than six months
An order for nonrenewal, suspension, or denial of licenses
In every divorce case, parenting plans are often established to state the parent’s goals for their children and outline how their children will be raised. Unfortunately, some parents deliberately fail to follow court orders, fail to make their support payments on time, or even worse, stop paying altogether. If you’re seeking to enforce or modify an existing parenting plan, it is important to consult with an experienced Pennsylvania family law attorney for proper guidance.
At Iwanyshyn & Associates, our attorneys are devoted to handling complicated family law and divorce issues, including enforcement orders. Using our extensive experience and compassion for your family’s needs, we will review every aspect of your case, evaluate your personal situation, and work diligently to outline a feasible solution that works best for you and your family.
Even if the other party fails to abide by the existing family law decrees, our attorneys can help you file a contempt action or seek the court to enforce the judgment. With our knowledgeable attorneys on your side, you can improve your chances of getting the best possible outcome in your enforcement litigation.
If you wish to enforce or modify an existing child custody, child support, or alimony arrangement, contact us at Iwanyshyn & Associates today to schedule a consultation. Our team can offer you the comprehensive legal counsel, strong advocacy, and compassionate representation you need. We’re proud to serve clients throughout Allison Park, Allegheny, Cranberry Township, Wexford, Gibsonia, Pittsburgh, Beaver, Butler, and Westmoreland counties, Pennsylvania.