ENFORCEMENT QUESTIONS AND ANSWERS

1. I have specific days and times for visitation but my ex refuses to allow me to see our child on those days. What can I do?

   File a motion for enforcement. The Court may enforce by contempt a final order for possession of and access to a child.

   

2. May I withhold child support payments if I am not allowed visitation?

   No. The payment of child support is not an exchange or condition precedent to you having visitation. The proper procedure would be for you to file a motion for enforcement. The Court may enforce by contempt a final order for the payment of child support.

   

3. I'm not receiving the child support as ordered, may I withhold visitation from my ex?

   No. A conservator's right to exercise is not conditioned on whether he/she pays child support as ordered. The proper procedure would be for you to file a motion for enforcement. The Court may enforce by contempt a final order for possession and visitation of the child.

   

4. Where is the proper place to file a Motion for Enforcement?

   A motion for enforcement is filed in the Court of continuing, exclusive jurisdiction. This is likely the same Court that ordered the payment of child support and visitation, unless jurisdiction has been transferred to another Court.

   

5. What are the defenses to a motion for enforcement of possession or access?

   An affirmative defense to contempt for failure to comply with an order for possession or access to a child that the complaining conservator voluntarily relinquished actual possession and control of the child to you. In order to avail yourself of this defense at Court you must raise it and be able to prove it by a preponderance of the evidence.

   

6. What are the defenses to a motion for enforcement of child support?

   The affirmative defenses to contempt for failure to comply with an order to pay child support are (1) that complaining conservator voluntarily relinquished actual possession and control of the child to you for a period in excess of any court-ordered periods of possession of and access to the child and actual support must have been supplied by you; or (2) that you lacked the ability to provide support in the amount ordered, lacked property that could be sold mortgaged, or otherwise pledged to raise the funds needed, attempted unsuccessfully to borrow the funds needed and knew of no source from which the money could have been borrowed or legally obtained.

   

7. How quickly will I be able to go to Court in an enforcement proceeding?

   Most Courts are able to schedule hearings on Motions to Enforce within 3-4 weeks of the time they are filed.

   

8. As part of an enforcement proceeding may I be awarded additional visitation to make up for the visitation that I've been denied by my ex?

   Yes, a Court may order additional periods of possession of or access to the child to compensate for the denial of court-ordered possession or access.

   

9. Can my ex be ordered to pay my attorney's fees if a finding of contempt is made in a child support enforcement action action?

   Yes, if a finding of contempt is made, the Court shall order that reasonable attorney's fees and court costs be paid by the person in contempt. If the person in contempt shows good cause why attorney's fees and court costs should not paid, the Court can waive such payment

   

10. As part of an enforcement action, may I be awarded interest on child support arrearages?

    Yes, interest accrues on delinquent child support at the rate of 6% (six percent) simple interest per year the date the support is delinquent until the date the support is paid or the arrearages are confirmed and reduced to a money judgment.

    

11. What are other punishments that can be ordered if contempt is found because of nonpayment of child support or failure to allow visitation as per the Court order?

    A person found in contempt may be punished by confinement in jail for up to six months, a fine of $500 for each violation and a money judgment for payment of attorney's fees and court costs.

    

12. My Court order indicates that my ex should keep be advised of any change of home and work, address, and telephone number, if he/she doesn't do this can the order be enforced by contempt as well?

    Yes.