Colorado Family Law Court Order Violations Lawyer
At ELKUS & SISSON, P.C., our team of seasoned professionals brings a wealth of experience to navigating complex legal challenges with precision and dedication.
For some lucky people, the end of divorce or custody proceedings truly means the end of their family law struggles. Both parties go on to comply with the court order in full, minimizing the need for further legal intervention. Not everyone is this lucky, though. In some cases, co-parents intentionally violate the court order to get their way, turn their children against their other parent, or try to benefit financially. In others, they willfully misinterpret the court order or genuinely think they are above it.
Regardless of why you’ve found yourself dealing with a co-parent or ex-spouse in violation of your court order, you’re likely frustrated and agitated. We understand. Our team of Denver family law attorneys is ready to help you hold the other party accountable.
Greenwood Village Attorneys Serving the Denver Metro Area
Elkus & Sisson, P.C. are family court order violations attorneys in Greenwood Village located just a short drive from downtown Denver. Our address is 7100 E Belleview Avenue, Suite 101 Greenwood Village, CO 80111 (open in Google Maps). Call us today at (303) 567-7981 or fill out a contact form and we will call you to schedule an appointment to discuss your families legal needs.
When Your Ex Violates Your Court Order
Whether a divorce agreement or custody agreement is handed down by the court or agreed upon by you and your ex, it is legally binding. Both parties are legally obligated to abide by it, and failing to do so can lead to co-parenting issues, financial losses, and disrupted co-parenting relationships. Some of the most common family law court order violations include:
- Failing to pay child support: This is a serious court order violation that has a direct negative impact on the children’s quality of life and forces the other parent to compensate for the other parent’s choice not to pay. The parent who is supposed to receive child support can ask the court to step in.
- Interfering with co-parent’s parenting time: Interfering with parenting time is perhaps one of the most egregious violations and one that can destroy any faith in the co-parenting relationship. Unfortunately, this is a very common technique used by high-conflict co-parents. They know that failing to return the children on time or attempting to seize extra time can cause significant stress and anxiety for the other parent. When a violation concerns interfering with parenting time, the Court allows enforcement remedies with additional remedies to help the parent whose parentings rights are being violated.
- Ignoring custody orders: Your court order likely has specific clauses about who can make decisions regarding the child’s medical care, religion, extracurricular activities, and other important needs. When a parent who’s supposed to share decision-making responsibility makes unilateral parenting choices or intentionally hides their choices from the other parent, they violate the court order.
- Failing to transfer property: The court order specifies what must happen to the marital property and how it must be transferred to the appropriate party. If your ex-spouse misses the deadline and makes no attempts to transfer your property to you, you can take them to court.
- Failing to pay debts: A divorce agreement also specifies who pays which debts. When one spouse fails to pay a shared debt, it can affect the other spouse’s credit rating and lead to collection calls.
What is an Entry of Judgment?
An entry of support judgment essentially makes it easier to enforce the court order to pay child support. Per state law, each child support payment that’s due becomes a judgment when the party fails to pay it. An entry of support judgment, along with an affidavit of arrears, clarifies which payments have been missed and how much is owed to the other parent.
When submitting these documents, you may also have to submit the payment history from the Family Support Registry. Furthermore, the party owed child support can also add interest at the rate of 12% per year calculated monthly.
Once the entry of judgment is filed, there are numerous ways you can enforce it. Much depends on the specific circumstances of your ex’s financial well-being and income sources. You may seek to garnish their bank account, impose a lien on their real estate, or have their wages garnished.
Contempt Proceedings in Family Law
When your ex or co-parent ignores or blatantly violates the terms of your court order, you must take action and hire an attorney to enforce the order. Contempt of court occurs when someone violates the court order or interferes with court proceedings. Direct contempt refers to inappropriate or disruptive courtroom behavior, which does happen in family law. However, this is far less common than indirect contempt, which refers to a party’s violation of a court order outside of the actual courtroom setting.
Upon your ex’s violation of the court order, your attorney can file a Motion for Citation for Contempt of Court. This is likely not something you want to do every single time they violate the court order, as it will take up a significant amount of your time and effort. It’s often best used when there is a clear pattern of misbehavior and willful violation of the order. You may go this route if the other party withholds your child from you, fails to pay your spousal or child support, does not hand over assets given to you in the divorce agreement, enrolls the child at a new school or medical facility without your input, or puts the child in danger by ignoring their medical needs.
There are different ways the court may take action in contempt proceedings. First, they may order remedial sanctions. This forces the other party to make the situation right to clear the contempt charges. Should they fail to do so, they may face extra fines, have to pay your attorney’s fees, or even be put in jail. Punitive sanctions are reserved for when the offender shows a wanton disregard and disrespect for the court order. Beyond just violating the court order, they discredit the court’s authority and standing. You cannot remedy punitive sanctions; the offending party must serve the punishment as ordered.
Reach Out Today and Preserve the Integrity of Your Court Order With Elkus & Sisson, P.C.
You deserve to count on the terms of your court order being upheld. It’s crucial for your co-parenting relationship, your ability to provide for your child, and your mental well-being. Push back against willful, flagrant violations with Elkus & Sisson, P.C. Call us at 303-567-7981 or get in touch online to take the first step.
Top Rated Lawyers in the State of Colorado
Common Types of Family Law
Divorce
Divorce
In Colorado, the laws surrounding divorce can be difficult to navigate. You do have the option to work out an uncontested divorce between you and your spouse. If this is not possible then it is important to find an experienced divorce lawyer. Even if you and your spouse are currently cooperating while navigating divorce, discussing your options with an attorney can be helpful. Divorce attorneys provide several services that will help you move on with your life. Things you will need to address when getting divorced include the division of property and assets, determination of allocation of parental rights (“child custody”) (if applicable), and spousal maintenance payments. Our family attorneys will also be able to provide you with the needed legal advice during the divorce. There are several things that you should and should not do to help you strengthen your case—that’s one reason we recommend talking to an attorney as soon as the divorce is being considered. In the gap between deciding on divorce and hiring an attorney, this “learning phase” will allow you to avoid making critical mistakes that take additional time, work, and money to fix. Protect yourself from the very beginning with our team’s representation.
Find out more information about the services our divorce attorneys provide.
Spousal Support
Spousal Support
Some divorce settlements require one spouse to pay spousal support to the other. Once referred to as alimony, this is now called spousal maintenance/support. Spousal support seeks to give a lower-earning spouse financial stability if there is a major earning disparity and if usually is considered if the marriage is at least 3 years.For example, divorce cases involving a high-earning spouse and a stay-at-home parent are likely to involve spousal support. The length of your marriage is also a contributing factor; someone married for a very short period will likely not pay or be paid alimony upon the end of the marriage but it is always in the court’s discretion However, an individual who was married for 20 or more years before divorcing could find themselves paying or receiving lengthy or permanent spousal support, which only terminates upon the death of the receiving party or remarriage of the receiving party.
Learn more about spousal support and how our firm can help you.
Child Custody
Child Custody
Allocation of parental Responsibilities (“Child custody”) is a subject that divorcing couples will need to confront. It can be emotionally draining and very complex. There are several factors that will help the court decide on the custody and visitation rights of parents and/or grandparents. Our family attorneys are experienced in the areas of:
- Visitation and parenting time
- Father’s rights
- Grandparents’ rights
- Parenting Time modification
If you are going through a divorce you may need to learn more about our services relating to child custody battles.
Child Support
Child Support
Doing what is in the best interest of the children should be at the heart of every child custody case. The Courts utilize a child support worksheet which demonstrates each party’s financial responsibility for the children (child) based on income, overnights and other factors. Our family attorneys will help calculate the needs based on financial records and statements to make sure your children are taken care of. Extensive medical care needs, extracurricular activities, childcare expenses, and other factors can increase or decrease child support. In most cases, the party who has the child the majority of the time receives child support paid by the parent with parenting time.
Explore our child support services to find out how we can help you.
Property Settlement
Property Settlement
To get the best results of property settlement cases during a divorce you need to have a skillful attorney with extensive experience. Property division can be very complex and exhausting when you start to include multiple properties, stocks, bonds, vehicles, etc… Assets that are considered “marital” and “non-marital” can also be complicated. Property that was acquired during the marriage will most likely need to be considered “marital” and things that were accumulated outside the marriage are most likely “non-marital”. It’s especially important to work with an experienced attorney if you and your spouse have a large and varied portfolio of assets. A fair division of assets depends on the accurate identification and valuation of each asset. Other situations also call for an attorney with extensive experience, including situations where you suspect that your spouse is attempting to hide assets or divorces involving hard-to-trace assets like cryptocurrency and NFTs.
Find out more about the services our property settlement attorneys provide.
Fathers' Rights
Fathers' Rights
Custody laws vary from state to state. This can have a significant effect on custody battles for fathers. According to Colorado law parenting time is based on what is in the best interests of the minor children. The Courts want the parties to be involved and to have joint decision making, when it’s appropriate and in the children’s best interests. Many fathers go into divorce or custody battles assuming that the odds are already against them and that the court will automatically side with the mother which is not the case and not the law. The court recognizes the importance of both parents in a child’s life. Whether you’re establishing your rights as a divorcing father or during a “custody” battle, know your rights and don’t give up before you’ve even started.
If you are a father involved in a custody battle then have a look at our guide that includes eight tips for fathers going through a child custody case.
Grandparents' Rights
Grandparents’ Rights
Grandparents often have special relationships with their grandchildren that can make these cases complex and highly emotional. You do have to meet certain criteria to qualify for grandparents’ rights in Colorado. You may be able to seek visitation with your grandchildren if their parent passes away and the other parent is keeping them from you, a non-parent currently has custody, or the child’s parents have divorced and your time with the child has been revoked.
If you need to know what your rights are as a grandparent relating to visitation of your grandkids then read our information on grandparents’ legal rights.
Adoptions
Adoptions
Adoption is a beautiful way to give a child a home and grow your family. No matter which type of adoption you are pursuing, it is crucial to work with an attorney who can navigate this complex area of family law. There are several types of adoptions recognized in Colorado. A foster adoption may occur after a biological parent’s rights are legally terminated and the foster parent chooses to adopt the child in their care. International adoption generally requires assistance from attorneys in both countries. Families pursuing private domestic adoption need a lawyer to protect their best interests as they seek to finalize their adoption. When a child is adopted by their grandparents, aunts or uncles, siblings, or extended family members, it’s referred to as kinship adoption. Stepparent adoption allows a stepparent who has taken on an important parental role to adopt their stepchild if the child’s biological parent has given up their rights or had their rights terminated. Adoption is complex, and there are many ways that the smoothest adoption can fall apart. Find out how our firm can help you with your adoption case.
Learn More About Adoptions
Marital Agreements
Marital Agreements
When you get married, divorce is an impossible thought. But for nearly half of all marriages, divorce is the eventual outcome. Marital agreements, more commonly known as prenuptial and postnuptial agreements, are contracts that can protect both parties in the event of a divorce. It’s important to work closely with an attorney in the drafting or review of these documents. You want to ensure that your best interests are protected, but you also want a legally enforceable contract. One-sided or vague marital agreements can get thrown out.
Learn more about your marital agreement options.
Family Law Violations
Family Law Violations
Having an agreement isn’t always enough. If you have a combative or uncooperative ex-spouse or co-parent, you could have years of family law violations to deal with. Refusing to pay for their share of medical bills, not paying spousal or child support, withholding your child at exchange time, and otherwise going against the clear terms of your agreement are issues that must be addressed. Let us help you find solutions to your ex’s family law violations.
Common Law Marriage
Common Law Marriage
Most states don’t recognize common law marriage, but Colorado does. It’s a complex analysis that does not rely on just one factor but a totality of factors and is in the discretion of a court to decide whether a common law marriage exists. Some factors include: whether a couple lived and held themselves out as a married couple, engaged socially with others as a married couple, received benefits for the other, and purchased property together, paid joint taxes, as well as many other factors. However, common law marriages present unique legal challenges, particularly when a couple splits up or has disputes about the status of their relationship. Our firm is here to help you with your concerns about your common-law marriage.