It can be frustrating when the other parent or your former spouse is not following the court’s orders. Perhaps you need the money you are owed, or maybe you are losing valuable time with your children.
To enforce the court’s orders, you may need to go to court and complain about the problem. The court can find the misbehaving party in contempt and make appropriate orders to correct the situation.
This kind of court proceeding is often referred to as an order to show cause.
Two Key Tips to Strengthen Your Case
At the very least, an order to show cause will be stressful and time-consuming. If you choose to engage an attorney to pursue the order to show cause on your behalf, it will cost you money up front. However, the prevailing party may ask for and receive a judgment for attorney fees. The following two suggestions should help you make the process more effective and prevail in court.
1. Thoroughly Document Details
Document your grievances. The court will not accept the bare assertions that “she never lets me have parent time” or “he never pays his share of my child’s medical expenses.”
If you miss parent time, write down the date and time. For example, if your ex-spouse missed a payment, write down the exact amount of money they owe you.
If you do not already do so, start keeping records. Records can help you prove to the court that the other party had disobeyed the court’s orders, help you evaluate your situation, and help your attorney draft your legal documents as quickly as possible.
2. When You Feel Wronged, DO NOT Attack Back
Two wrongs do not make a right. When you bring your claims against the other party, the other party will likely respond with any dirt that they have on you.
Do not take matters into your own hands. Failure to pay child support is not a reason to withhold visitation, and vice-versa.
If you have disobeyed the court’s orders, you will not be entirely satisfied with the ultimate result of your order to show cause.
Why Meeting with an Attorney Will Help Your Case
At Christensen Law, we can review your divorce decree or custody order and give you advice about how to comply and what the opposing party’s obligations are.
Additionally, we can represent you in order to show cause proceedings should it become necessary for you to take that step or should you find yourself answering an order to show cause.
Hiring an attorney will take the load off your shoulders, since you won’t have to deal with your problems alone. The law is complicated, and working on your case without help could result in you missing out on good options or making mistakes that worsen your situation.
If you have questions about your case, we invite you to visit our office to meet us, receive advice, and see what services we can offer you. If you think you need an attorney, the best way to make the decision is to meet with the attorney face to face. You will have a much better idea of the service you are paying for, which will give you more confidence in your attorney. This confidence in your attorney will give you a much better likelihood of getting what you want for your family.
Scheduling an appointment with us is simple. All you need to do is pick up your phone, call our office at (801) 322 – 8879, and tell our assistant you would like to meet with one of our attorneys. She will take care of the rest. Again, just pick up the phone and call (801) 322 – 8879. It’s that simple.
You can also email us at email@example.com to schedule an appointment if that is more convenient for you.