Albuquerque Enforcement Attorneys

Enforcing Child Support & Spousal Support Orders in New Mexico

If an ex-spouse or other parent fails to comply with the terms of a court order, such as not paying child support or spousal support, or not adhering to child custody or visitation schedules, you can seek the assistance of our Albuquerque enforcement attorneys to enforce these orders.

We can file a motion for contempt or enforcement, which asks the court to ensure the other party fulfills their obligations as ordered. Our attorneys in Albuquerque can meticulously prepare your case, gathering and presenting evidence of noncompliance and advocating for your interests in court. We can also guide you through any potential legal remedies available, including wage garnishment, property liens, or even jail time for the defaulting party.

Our team is adept at navigating the complexities of the New Mexico legal system. Understanding local laws and court expectations is crucial for crafting a compelling case. By coordinating closely with clients, we ensure that all necessary documentation and evidence are thoroughly compiled, emphasizing the impact of non-compliance on your and your family's lives. We keep you informed at every step, reducing the stress and uncertainty often associated with legal proceedings.

What Happens if Someone Violates a Court Order?

If a parent or spouse violates a court order, they may be held in contempt of court. Contempt of court is a serious offense and can result in various penalties, including fines, a change in custody arrangements, or even jail time in extreme cases. The non-compliant party may be ordered to pay any back child support, legal fees, or other costs associated with the violation.

Being proactive in addressing violations is crucial. Timely legal action can prevent prolonged issues and potentially mitigate negative outcomes. Our attorneys can help initiate a contempt action to ensure quick resolution. We can also provide ongoing support to track compliance and handle any future enforcement needs, offering peace of mind to affected parties.

Steps to Request Enforcement of a Court Order in New Mexico

If you need to request enforcement of a court order, understanding the legal process is essential. Our Albuquerque enforcement lawyers can guide you through the following general steps:

• File a Motion: To request enforcement, the first step is to file a motion with the court. This document will outline the reasons why the enforcement is being requested. You must provide evidence of the changes in circumstances or non-compliance with the existing order.
• Provide Supporting Evidence: In cases where enforcement is being requested, the petitioner must provide evidence that there has been a substantial and material change in circumstances. This might include financial records, medical reports, or testimony regarding changes in living conditions or parenting capacity.
• Attend a Hearing: After the motion is filed, the court will schedule a hearing. Both parties will have the opportunity to present their case, and the judge will review the evidence presented before making a decision. If enforcement is requested, the non-compliant party will have the opportunity to explain their actions.
• Court Decision: After hearing both sides, the judge will issue a decision. If the motion is granted, the original order will be enforced. In the case of non-compliance, the court may impose penalties or orders to compel the party to follow the order.
• Follow Through with Court Orders: Once an enforcement order is issued, both parties are required to follow the court’s directive. Failing to do so could result in further legal action.