Franklin Divorce Enforcement Attorney
When granting a divorce in Tennessee, the judge will issue a final divorce decree dissolving the marriage. The judge will also issue court orders regarding alimony, child custody, and child support if those issues were relevant to the divorce. Court orders are enforceable by the court. If you are having trouble complying with orders for custody or support, talk to your attorney about going to court for a modification. If your ex is not complying with court orders, talk to your lawyer about the tools available to enforce those orders, including going to court for enforcement.
In Williamson County, the Franklin divorce enforcement attorneys at Fort, Holloway, & Rogers are skilled and experienced in helping parties through enforcement actions post-divorce. Call our office for assistance with enforcement of court orders regarding child custody, child support or alimony.
How Do Tennessee Courts Enforce Child Support?
Both the Tennessee courts and the Department of Human Services child support program have broad powers to get a parent to pay court-ordered child support. One broad power is the authority of the state to deny, suspend or revoke licenses. This power extends to driver’s licenses, business licenses, professional licenses, hunting licenses and fishing licenses. If a person is $500 or more in arrears on child support and 90 days or more past due, their application for a license can be denied, or their current license could be suspended or revoked.
In the case of driver’s licenses, the person can apply for a restricted license to get to and from school or work only. Tennessee law does not allow restricted licenses for commercial purposes, so persons who drive for a living would not be able to use a restricted license for work.
Courts have additional powers to collect on a debt owed, including child support or alimony/spousal support. Our experienced Franklin divorce lawyers know the proper steps to collect support from a party unwilling to pay. Options available include:
- Requiring the person’s employer to garnish the person’s wages or withhold income and pay owed support directly to the recipient
- Intercept the delinquent payor’s federal income tax refund
- Place a lien on the person’s property and foreclose on that property if they don’t pay
How Do the Courts Enforce Child Custody?
The parenting plan and residential schedule are court orders, and violating a court order puts one at risk of being held in contempt of court. If a court finds a parent in contempt, the judge can fine the parent or even place them in jail. The judge can also order make-up time for the parent who didn’t get his or her allotted residential time with the kids. If the parent who was out of compliance was the primary residential parent, the court could even alter the custody arrangement and transfer primary residential custody to the non-custodial parent who was complying with the visitation schedule.
Don’t Take Matters Into Your Own Hands
If your former spouse is refusing to comply with custody or support orders, you might think to take it upon yourself to get them to comply by withholding payment of support or refusing to hand over the kids until they comply. Action like this would be a mistake. Violating a court order is not justified even when the other party is not complying; taking these actions could end with you being found in contempt of court or losing custody of your kids. If you can’t straighten things out with your ex, go straight to your attorney for help. At Fort, Holloway, & Rogers, we’ll evaluate your options and develop a creative strategy to enforce compliance in the quickest, easiest and most effective means possible.
Help Is Available With Family Law and Divorce Enforcement in Franklin
For help with the enforcement of child custody, child support or alimony court orders in Williamson County, call Fort, Holloway, & Rogers in Franklin at 615-791-7575. We’ll make sure to protect your rights and look after your best interests in any enforcement proceeding.
