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Hi everyone, I’m Dr. Michael Mantell joining Bonnie Rabinovitch-Mantel, who is the owner and managing partner of the esteemed Primus Family Law Group here in San Diego. Hi Bonnie. Hi Michael, how are you doing this week? I’m doing well, thank you very much.
Another good week and lots of more helpful information to those who are divorcing, particularly here in San Diego, from you as the head of Primus Family Law. So I have a question. Divorce settlements are legally binding, but enforcement seems to remain a challenge.
Why do so many people struggle to get their ex to comply with court orders? Would you believe, Michael, over 40 percent of all motions filed are motions for enforcement, getting people just to follow the court order. And it’s, it is, it’s a big part of the practice. I don’t understand why people think it’s okay to violate a judge’s order.
But the problem is, is it’s, it’s too easy to get away with. You know, people know in the judge’s order that you can’t just move out of the state or the county or the country with your children without telling people. That’s actually called kidnapping.
I mean, it really is. And people do it. And then the out parent is playing catch up to find them, go sometimes through the Hague to get them, to bring them home.
It’s unimaginable. You said that nothing happens in some of these cases. But what are the consequences for ignoring a court order? Can someone go to jail for non-compliance? Absolutely.
So when I say nothing happens, I mean by the, you know, the smaller things. We’re all told, you know, you’re not supposed to say negative things about the other parent and people are human. It does happen.
Nobody’s going to bang on your door for that. But if you don’t pay your child support, Michael, they can garnish your wages. If you don’t pay your child support, you continue not paying your child or spousal support.
They can take away your driver’s license. They can also take away your passport and they can put a lien on your bank account. All of these things are things that happen because people don’t follow court orders.
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Same thing with custody. You can actually file a form with the district attorney for what is called a visitation violation. And those can be evidence used in court when you’re trying to modify your custody orders.
So child support, alimony, asset division, these are areas where people think, oh, I can just do what I want. I don’t have to follow the court order. These are things that people try to do what they want, or they don’t comply and they figure maybe no one will notice about it.
But the other thing that happens is when a person has to come and hire an attorney, which means spending money to enforce an already existing order, you are entitled to request that the other side pay all your fees because you shouldn’t have to do this. So if someone is dealing with an ex-spouse who is ignoring court orders and they want some guided information from you at Primus Family Law here in San Diego, how can they be in touch? Well, it’s not just ex-spouses. It’s anybody you’ve had any sort of family law matter with.
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You can reach us at 619-574-8000 and you will be put on mine or one of my amazing associates calendars for a free 30-minute phone or Zoom consultation. Or you can reach us online at www.PrimusFamilyLaw.com. There’s a form you can fill out that we’ll respond to, and there’s also a live chat agent.