When court orders are not followed in family law cases in Colorado, it can be frustrating and challenging for those involved. In these situations, it is crucial to take action to enforce the order and ensure that justice is served. Modern Family Law's Colorado enforcement lawyers are here to help.
Our attorneys have the knowledge and experience to help individuals file and navigate motions to enforce in Colorado. They work diligently to ensure that their client's rights are protected and that the court order is enforced. Learn about motions to enforce in Colorado below including:
Our experienced Colorado enforcement attorneys understand the complexities of family law and have a wealth of experience in handling these types of cases. We assist with every step of the process, from filing the necessary paperwork to representing our clients in court. Our goal is to provide our clients with the best possible outcome and to ensure that justice is served.
WHAT IS A MOTION TO ENFORCE
A Motion to Enforce is a legal action filed in family court to request that the court enforce an existing order related to a family law case. These orders may include child support, spousal support, child custody, visitation, or property division. When a court order is violated, a Motion to Enforce can be filed to ensure compliance and seek the necessary remedy. The purpose of a Motion to Enforce is to hold the violating party accountable for their actions and to enforce the court's orders, ultimately ensuring that the best interests of the parties and any children involved are protected.
A Motion to Enforce may be necessary in situations where one party is not following a court order. For example, if one parent is not following a child custody or visitation order, the other parent may file a Motion to Enforce to ensure that the order is enforced. Similarly, if a parent is not paying court-ordered child support or spousal support, the other parent can file a Motion to Enforce to ensure compliance. Additionally, if property division orders are not being followed, a Motion to Enforce can be filed to ensure the court's orders are carried out.
While both a Motion to Enforce and a Motion for Contempt are used to enforce court orders, there are significant differences between the two. A Motion for Contempt is used to hold someone in contempt of court for violating a court order, which can result in penalties such as fines or even imprisonment. In contrast, a Motion to Enforce is a request for the court to enforce the existing order and ensure compliance, rather than seeking punishment for the violating party. While a Motion for Contempt may be necessary in some cases, a Motion to Enforce is often the first step in seeking compliance with a court order.
WHAT ARE THE GROUNDS FOR FILING
A MOTION TO ENFORCE IN COLORADO?
A Motion to Enforce can be filed to enforce any type of family law court order, including child custody, child support, spousal support, property division, and visitation orders. These orders are typically issued as part of a divorce or custody case and are legally binding on the parties involved.
There are several different types of violations that may warrant a Motion to Enforce. For example, a party may fail to make court-ordered child support or spousal support payments. Alternatively, a party may violate a child custody or visitation order by failing to comply with the specified parenting time or refusing to return a child to the other parent. In some cases, a party may refuse to comply with property division orders, such as failing to transfer ownership of a property to the appropriate party.
In Colorado, there are specific requirements for filing a Motion to Enforce. The person filing the motion must have a copy of the court order that is being violated, and must provide a detailed explanation of how the order has been violated. Additionally, the person filing the motion must provide evidence to support their claims, such as financial records or communication logs. Once the motion has been filed, the court will schedule a hearing to determine whether the order has been violated and what action, if any, should be taken to enforce the order.
“ Within thirty-five days after the filing of a verified motion by either parent or upon the court’s own motion alleging that a parent is not complying with a parenting time order or schedule and setting forth the possible sanctions that may be imposed by the court, the court shall determine from the verified motion, and response to the motion, if any, whether there has been or is likely to be substantial or continuing noncompliance with the parenting time order or schedule and either:
a. Deny the motion, if there is an inadequate allegation; or
b. Set the matter for hearing with notice to the parents of the time and place of the hearing as expeditiously as possible; or
c. Require the parties to seek mediation and report back to the court on the results of the mediation within sixty-three days. Mediation services shall be provided in accordance with section 13-22-305, C.R.S. At the end of the mediation period, the court may approve an agreement reached by the parents or shall set the matter for hearing.“
WHAT IS THE MOTION TO ENFORCE HEARING PROCESS
After a Motion to Enforce has been filed, a hearing will be scheduled to determine whether the order has been violated and what action, if any, should be taken to enforce the order. At the hearing, both parties will have the opportunity to present evidence and arguments to support their case. The judge will review the evidence and make a decision based on the facts presented.
During the hearing, the judge may ask questions to clarify information or to better understand the situation. Both parties will have the opportunity to present evidence, such as financial records or communication logs, to support their claims. The judge may also hear testimony from witnesses, including the parties themselves. It is important to have a skilled attorney on your side to represent your interests during the hearing.
The judge may make a ruling at the end of the hearing or may take time to review the evidence and make a decision later. If the judge finds that the order has been violated, they may order the violating party to take specific actions to come into compliance with the order, such as paying outstanding child support or allowing parenting time. Additionally, the judge may award attorney's fees and costs to the prevailing party. If the judge finds that the order has not been violated, they may dismiss the Motion to Enforce. It is important to have realistic expectations going into the hearing and to understand the potential outcomes.
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FREQUENTLY ASKED QUESTIONS ABOUT
MOTIONS TO ENFORCE IN COLORADO
What Evidence Is Needed To File A Motion To Enforce?
In order to file a Motion to Enforce in Colorado, the person filing the motion must have a copy of the court order that is being violated and must provide a detailed explanation of how the order has been violated.
Do I Need An Attorney To File A Motion To Enforce?
While it is possible to file a Motion to Enforce on your own, it is highly recommended that you consult with an experienced family law attorney to ensure that your interests are properly represented during the hearing.
What Is The Success Rate Of Motions To Enforce in Colorado?
The success rate of Motions to Enforce in Colorado can vary depending on the specific circumstances of each case, but if a Motion to Enforce is filed for a valid reason and there is sufficient evidence to support the claim of violation, there is a good chance that the court will rule in favor of the person who filed the motion.