Divorce – How to Enforce A Divorce Decree
How do you enforce a divorce decree?
Enforcement for Child Support Payments and Visitation
Enforcement of a final decree must be done by petition for contempt. This petition for contempt is also called a "Petition for Rule Nisi". A Rule Nisi is a method by which your former spouse is compelled to come to court to explain why he/she should not be held in contempt of the court's decree.
To explain why they have failed to pay child support or allow visitation.
The judges usually look at the circumstances to determine what is required to be done and to determine if the excuses are justified by those circumstances.
In determining the justification, I often believe that the court's discount what both parties say and relied more on what is called "third-party" evidence. This evidence is not just another witness, but can be documents or other circumstances which cannot be refuted. If you're in a swearing contest with your former spouse you need to know how to organize your facts in such a way as to be persuasive.
Be sure that your lawyer uses the power of the subpoena to ensure your success. It is been my experience that lawyers under utilize this powerful weapon in their arsenal. Getting documentary evidence from a doctor's office, school or other third-party is often at the heart of proving your case. Helping you to be prepared to go to court is not just an afterthought in our office.
It has been from the feedback that I received from clients that I've developed a program which allows the client to participate in the active preparation of their case. This stems from the fact that the client is the one witness stand.
Lawyers typically are so set on being prepared themselves that they don't spend enough time getting the client ready. The client can be prepared to undergo the strains of litigation but is been my experience that the attorneys don't spend enough time preparing them to undergo the test of the witness stand. Just how I do this is at the heart of my working with my client and I believe distinguishes me from my peers.
If you want to know the difference, call me to find out. Know this: you will be prepared when you go into the courtroom and you will not be alone....!