Fayetteville Court Order Enforcement Lawyer

If your former spouse or co-parent isn’t following a court order, you may need to take steps to have it enforced. A Fayetteville court order enforcement lawyer can help you with violations related to child custody and parenting time, child support, spousal support, or property division.

Court orders issued by the Washington County Circuit Court are legally enforceable, and if a person or party fails to follow the court’s order, there can be serious legal consequences, such as wage garnishment or findings of contempt.

Bundy Law handles enforcement and contempt proceedings throughout Northwest Arkansas. If your case involves missed support payments or a failure to adhere to a custody and parenting time schedule, it is important to act quickly to enforce your rights and the court’s order.

Hire a Court Order Enforcement Lawyer

Bundy Law practices post-decree enforcement and contempt litigation in Fayetteville and Washington County. Aaron Bundy is a Fellow of both the International Academy of Family Lawyers and the American Academy of Matrimonial Lawyers, two organizations that require attorneys to have significant experience in complex family law cases. These memberships also allow him to handle Hague cases.

The firm’s practice also includes enforcement cases involving custody, arrearages, and property division. Our Fayetteville family lawyers represent parties in the Washington County Circuit Court in litigated, high-conflict, and high-value cases.

Enforcing Child Support and Alimony Arrearages in Arkansas

Enforcement action is available under Arkansas law when court-ordered child support and alimony obligations become delinquent per Ark. Code § 9-14-234. Each installment of periodic support or alimony awarded by a court order becomes a judgment by operation of law when due. Courts can use any available legal or equitable means to collect past-due support, such as wage garnishment, property liens, or contempt orders.

Child support enforcement remains an ongoing issue in family courts across the country. A motion filed in Washington County Circuit Court may prompt judicial review of the alleged noncompliance. Orderly repayment and other remedial measures may be established to enforce a delinquent obligation.

Parenting Time and Custody Order Violations in Washington County

Modification or enforcement of a visitation schedule can be considered when a parent unreasonably refuses to follow the court’s visitation order, and a party wants to have the schedule enforced to provide predictability. In Washington County, enforcement of custody or visitation is brought in the court that entered the decree. The court reviews the alleged violations and determines whether contempt is appropriate.

The remedies available to the court include makeup visitation, more specific clarification of exchanges, or a finding of contempt. Records of missed exchanges, proof of communication and efforts to resolve the problem, and schedule disruptions are typically evidence used to show violations.

Enforcement of Property Division and Financial Obligations

Divorce decrees can include a great variety of provisions that call for the parties to perform specific acts, such as the transfer of title to real property, the refinancing of debt, or the division of a retirement account. If a party defaults on this type of financial provision, enforcement of the order may be needed. A court can issue additional orders to clarify deadlines and compel a party to perform.

If a case involves the division of complex assets, the timing of the orders can have a significant impact, as delays can subject a party to continuous financial exposure. Timely enforcement can sometimes prevent lengthy future litigation and help to fulfill the ordered division of property.

FAQs

What Happens in Contempt Proceedings in Arkansas Family Law Cases?

Contempt is used in Arkansas family law cases when a party willfully disobeys a lawful court order. Courts distinguish between civil contempt, which seeks to compel compliance, and criminal contempt, which may impose punitive sanctions.

A finding of contempt can result in fines, attorney’s fees, or, in some cases, incarceration until compliance occurs. The moving party must prove that a valid order existed and that the opposing party had the ability to comply but failed to do so.

How Common Are Child Support Enforcement Issues in Arkansas?

Child support enforcement problems may be more frequent than many families anticipate. Nationally, the U.S. Census Bureau reports that about 45.9% custodial parents who were owed child support received the full amount due. When child support payments become delinquent in Arkansas, courts may hold a non-compliant parent accountable using wage withholding or contempt of court.

Enforcement proceedings filed in Washington County may help initiate judicial review and repayment plans.

What Percentage of Child Support Is Collected?

Child support enforcement remains an ongoing issue nationwide. According to the federal Office of Child Support Enforcement’s FY 2024 preliminary report, 65% of current support due nationwide was collected. While Arkansas participates in federal enforcement programs, unpaid balances can continue to accumulate if court action is not pursued.

Filing a motion to enforce in Washington County Circuit Court may prompt judicial intervention to address arrearages and compel compliance with an existing support order.

Can Court Orders Be Modified Instead of Enforced?

Court orders can sometimes be modified rather than enforced if circumstances have materially changed. In Arkansas, an order of custody or support can be modified if the legal standard for modification is satisfied. Until that order is modified by the court, the order remains in effect and is binding on the parties. A party who is unable to comply with the order should move to have the order modified, rather than risk being subject to contempt for noncompliance.

Contact a Fayetteville Court Order Enforcement Lawyer

Failure to comply with a court order can place financial strain on your household and create ongoing disruption for your family. When a former spouse refuses to pay support, interferes with parenting time, or fails to carry out property division terms, legal action may be necessary to protect your rights.

The Washington County Circuit Court has the authority to impose remedies designed to compel compliance with existing orders. At Bundy Law, we help clients in Fayetteville and across Northwest Arkansas with enforcement and contempt. If your former spouse or co-parent is violating a court order, you can talk with a member of our team about your legal options by scheduling a consultation. Hire a Fayetteville court order enforcement attorney today.