Family court orders not being enforced

Asked about 1 year ago - Rochester, NY

Our daughters ex-husband is not following any of the Court ordered stipulations for visitation rights. She has called the judges clerk and was told she has to talk to her ex-husbands lawyer. She has called and emailed his lawyer repeatedly with no return communications what so ever. He has custody of our granddaughter. He monitors all phone conversations between our daughter and our granddaughter. Her ex also has not paid a any court ordered monthly "maintenance" money to her making it even harder for her to get to and from visitations.

Attorney answers (5)

  1. Howard A. Schwartz

    Contributor Level 20

    3

    Lawyers agree

    Answered . She should be go to court and move to enforce any outstanding orders. It will the quickest resolution to the matter. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  2. Susan Kathleen Duke

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . She needs to file a court action. Contacting the court by phone or mail will not result in any action; she should consult with an attorney as soon as possible in order to file the proper papers to enforce the prior orders. The maintenance should be the easiest part of the enforcement; if he cannot prove he has paid the amount ordered, he will owe her arrears which can be reduced to judgment and collected from his income, and probably will have to pay her attorney's fees as well.

  3. Kevin Keith McKain

    Contributor Level 10

    2

    Lawyers agree

    Answered . You need a lawyer to file a petition to enforce orders. Child support and visitation can be compelled.

  4. Anthony Michael Giordano

    Contributor Level 10

    1

    Lawyer agrees

    Answered . What struck me about your question is that It is unusual that your daughter does not have custody of her daughter. I am left to assume there are serious issues about either her parenting skills or personal issues. But to answer your question at its basic level, your daughter needs to bring her ex to court to get the maintenance money and needs to file a separate petition to ensure privacy of your daughter's phone conversations with her child.

  5. Jennifer L. Fazio

    Contributor Level 4

    1

    Lawyer agrees

    Answered . Your daughter needs to engage the services of a family law attorney to move forward and file a petition with the Court to enforce the terms of her order. The ex-husband's attorney is under no obligation to communicate with your daughter directly. If the ex-husband is working, it should be fairly easy to garnish his wages for the support monies.

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