Nashville Post-Judgment Enforcement Lawyer

Common Questions About Post-Judgement Enforcement

What is post-judgment enforcement in divorce cases?

Post-judgment enforcement refers to legal actions taken after a divorce judgment has been issued to ensure compliance with court orders regarding issues such as child support, alimony, property division, and custody arrangements.

What types of court orders can be enforced through post-judgment actions?

Court orders related to financial obligations, such as child support and alimony, as well as custody and visitation arrangements, can be enforced through post-judgment actions. Our firm can assist you in enforcing these orders if your ex-spouse is not complying.

How do I enforce a child support order in Middle Tennessee?

If your ex-spouse is not paying court-ordered child support, you can seek enforcement through various legal mechanisms, including wage garnishment, bank levies, and contempt proceedings. Our attorneys can guide you through the enforcement process and advocate for your rights.

What can I do if my ex-spouse is not complying with custody or visitation orders in Middle Tennessee?

If your ex-spouse is violating custody or visitation orders, you may file a motion for contempt or seek modification of the existing order. Our firm can help you enforce your parental rights and protect your relationship with your children.

Can I modify spousal support payments after the divorce is finalized in Davidson County, Tennessee?

Yes, spousal support payments can be modified after the divorce is finalized if there has been a significant change in circumstances, such as a change in income or employment status. Our attorneys can assist you in seeking a modification of spousal support orders to reflect your current situation.

What steps can I take if my ex-spouse is not complying with property division orders in Davidson County or Middle Tennessee?

If your ex-spouse is refusing to comply with property division orders outlined in your divorce decree, you can pursue enforcement actions through the court. Our experienced attorneys can assist you in protecting your property rights and ensuring fair distribution.

How long does it typically take to enforce a court order for child support or alimony in Davidson County, TN?

The timeframe for enforcing a court order for child support or alimony can vary depending on the specific circumstances of your case and the court’s docket, but we have managed to get orders enforced as soon as within 45 days from clients hiring us. Our legal team will work diligently to expedite the enforcement process and achieve timely results on your behalf.

What are the consequences for failing to comply with court orders in a divorce case in Davidson County?

Failure to comply with court orders in a divorce case can result in serious consequences, including monetary fines, contempt charges, and even incarceration. Our attorneys can help you understand your rights and obligations under the law and navigate the enforcement process effectively.

Can I enforce a custody or visitation order if my ex-spouse is preventing me from seeing my children?

Yes, you have legal recourse if your ex-spouse is interfering with your custody or visitation rights, and courts may even strip the other parent of their custody rights if the interference is severe. Our firm can assist you in filing a motion for contempt or seeking modification of the existing custody order to ensure that you maintain a meaningful relationship with your children.

Is it possible to recover attorney’s fees and court costs incurred during post-judgment enforcement proceedings?

In some cases, the court may award attorney’s fees and court costs to the prevailing party in post-judgment enforcement proceedings. Our attorneys will advocate for your rights and seek reimbursement for any expenses incurred during the enforcement process.

Post-Judgment Enforcement & Contempt Services

Once an order has been entered, whether a divorce decree or child custody order, both parties are required to comply with an order. When a party is not doing what he or she is ordered to do, you have a right to seek enforcement of the order. Attorney’s fees and costs are often recoverable in these types of actions.

These types of actions are used for the following:

  1. Custodial Interference – Your ex is not following the court-ordered parenting plan.
  2. Nonpayment of alimony or support
  3. Your ex did not obtain refinancing of the marital residence as ordered
  4. Your ex did not transfer the title to the vehicle as ordered

Navigating Post-Divorce Judgment Enforcement in Nashville, TN

Going through a divorce can be a challenging and complex process, and obtaining the divorce decree is often a relief. However, sometimes, the journey doesn’t end with the final judgment. If you’re facing issues with the enforcement of your divorce judgment in Nashville, TN, you’re not alone. This post is here to guide you through the process of enforcing your divorce decree and ensuring your rights are upheld.

Understanding Post-Divorce Judgment Enforcement

Post-divorce judgment enforcement refers to the legal process of ensuring that all parties comply with the terms set forth in the divorce decree. This can include various aspects such as alimony payments, child support, custody arrangements, and division of property or debts.

Common Enforcement Issues

  • Non-payment of Alimony or Child Support: One of the most common issues is the failure of an ex-spouse to make timely payments for alimony or child support.
  • Non-compliance with Custody or Visitation Schedules: Another frequent problem is when one parent does not adhere to the agreed-upon custody or visitation schedules.
  • Property Division Disputes: Disputes may also arise regarding the division of assets or debts as stipulated in the divorce decree.

Legal Solutions for Enforcement

  1. Contempt of Court: If your ex-spouse fails to comply with the divorce decree, they can be held in contempt of court. This is a legal finding that someone has willfully disobeyed a court order and can result in various penalties, including fines or jail time.
  2. Wage Garnishment: For unpaid alimony or child support, wage garnishment can be an effective tool. This involves a court order that directs an employer to withhold a portion of the non-compliant party’s wages for payment.
  3. Enforcement of Custody and Visitation: If there are issues with custody or visitation, the court can order make-up visitation time, modify the custody arrangements, or in severe cases, impose legal penalties.
  4. Property Liens or Seizure: If the issue involves the division of property, the court can place liens on property or even order the seizure and sale of assets to ensure compliance.

Why Legal Assistance is Crucial

Navigating post-divorce enforcement can be complex and emotionally taxing. Here’s why having a skilled Tennessee family law attorney is crucial:

  • Expert Guidance: An experienced attorney can provide expert guidance on your legal options and the best course of action based on your specific situation.
  • Legal Representation: In cases where court intervention is necessary, having legal representation ensures that your case is presented effectively and your rights are protected.
  • Reducing Stress: Dealing with non-compliance can be stressful. A lawyer can handle the legal processes, allowing you to focus on moving forward with your life.

Remember, you have legal rights and options if your ex-spouse is not complying with the terms of your divorce decree. At Burdine Law Firm, we understand the challenges of post-divorce enforcement and are here to help you navigate this process. Contact us for a consultation, and let our experienced team in Nashville, TN, provide the support and legal expertise you need during this time.