Enforcement of Family Law Orders in Brooklyn
Enforcing Custody, Child Support, & Alimony Orders in New York City
Whether you agree to terms during negotiations or reach a resolution through litigation, family law court orders are issued by the New York Supreme Court. The court issues a judgment specifying each party’s rights and obligations. If a party doesn’t comply with their responsibilities under that judgment, the court can order enforcement actions to compel compliance, including holding a contempt of court hearing.
The legal team at Arnel Law Firm can petition the court on your behalf to enforce an existing order. Conversely, if you’re having difficulty complying with a court order and face legal action, we can help. Depending on the circumstances, we may also be able to modify the order to make it more manageable.
Facing challenges with a family law order? Contact us today at (718) 550-3024 to discuss your situation and learn how we can help protect your rights.
Do You Need Help with Child Support Enforcement in NY?
With more than 40 years of cumulative family law experience, our lawyers understand the wide range of circumstances that can cause a parent to fall out of compliance with a court order.
We know the financial stress that builds when support payments are habitually missed, and we understand how a visitation schedule or shared parenting plan can unravel when one parent stops following it. Back child support arrears accumulate as a debt, and pursuing them through enforcement often requires financial records the other party won’t willingly provide.
At the same time, we know that job loss or a change in work schedule can make it genuinely difficult to comply with an existing order. We assist parents on both sides. When a paying party claims an inability to comply, founding attorney Curt Arnel’s background as a certified public accountant allows us to analyze tax returns, financial records, and business documents to determine whether income is being understated.
Spousal Maintenance Enforcement in Brooklyn
In New York, court-ordered post-divorce support is called spousal maintenance. Alimony is the term many people still use, but spousal maintenance is the statutory term, and that distinction matters in court. When a former spouse stops making required payments, unpaid amounts become arrears, and interest may accrue on those balances under New York law.
After a divorce is final, enforcement petitions for spousal maintenance are typically handled through Family Court rather than Supreme Court. For Brooklyn residents, that means Kings County Family Court. The court has direct enforcement tools available, including wage garnishment. A judge can order an employer to withhold income and remit it to the receiving party. Willful non-payment can also result in a contempt finding, which may carry fines or, in serious cases, jail time.
We handle spousal maintenance enforcement on both sides. If you’re owed unpaid maintenance, we can file a petition and pursue the arrears on your behalf. If you genuinely can’t comply with an existing order, Curt Arnel’s accounting background is directly applicable, particularly when the non-paying party may have undisclosed income or assets, and we can seek a modification if changed circumstances justify one.
Consequences of Non-Compliance with Family Law Orders
Failing to comply with family law orders can have serious legal consequences. Depending on the nature and severity of the violation, a court may impose one or more of the following:
Fines: A court may impose fines on a party who fails to meet their obligations. Those fines can accumulate quickly and create significant financial strain.
Contempt of Court: Ignoring or refusing to follow a court order can result in a contempt finding, which carries serious penalties.
Jail Time: In extreme cases, particularly when a parent willfully refuses to pay child support or follow custody and visitation orders, non-compliance can lead to incarceration.
Loss of Rights: Non-compliance with custody or visitation orders can result in reduced parenting time or, in severe cases, loss of parental rights.
The consequences of failing to follow a court order can affect your financial and personal life for years. Don’t wait until enforcement proceedings are already underway to get legal guidance.
Steps in Enforcing a Family Law Order
Enforcement proceedings require documented evidence that the other party is failing to meet their obligations, and the process can be lengthy depending on court schedules and the other party’s responsiveness. Here’s how it typically unfolds.
Filing a Petition
The first step is filing a petition for enforcement, asking the court to compel the other party’s compliance. For Brooklyn residents, enforcement petitions for support matters are filed with Kings County Family Court. We can handle that filing on your behalf.
Contempt Hearing
If the petition is accepted, the court schedules a hearing. The non-complying party has an opportunity to explain their actions, and if the court finds them in contempt, it may impose penalties.
Possible Sanctions
New York courts have a broad range of enforcement tools available. Depending on the case, sanctions may include:
- Wage garnishment
- Income execution orders
- Unemployment insurance intercept
- Income tax refund offset
- Credit bureau reporting of arrears
- Lottery intercepts
- Property execution
- Driver’s license suspension
- Passport denial
- Lien filing
Call Our Brooklyn Order Enforcement Lawyers
Failing to meet the terms of a divorce judgment can carry serious consequences, including wage garnishment, license suspension, and more. Whether you need help compelling compliance or you’re the one facing enforcement action, the team at Arnel Law Firm can help. Serving Brooklyn, Manhattan, and Queens since 1984, we’ve handled over 1,000 cases and offer free consultations, including virtual consultations.
Ready to take the next step? Contact us today at (718) 550-3024 to schedule your free consultation.
Why Choose Us?
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Personalized solutions for you.Every case has its own unique circumstances that requires a methodical, thoughtful plan.
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Protect your assets and future.Safeguarding your best interests is always at the forefront of our approach to your case.
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Experience makes the difference.No matter how simple or complex your case, experience is essential in obtaining results.
Clients Share Their Stories
At Arnel Law Firm, We Believe in Empowering Our Clients
by equipping them with the tools, resources, knowledge, and support needed to make informed and effective decisions. Above all, we want to see your case resolved successfully. Take a look at what others have to say about their experiences working with our Brooklyn divorce law firm.
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J.M.
Mr. Arnel thank you very much for your help. When I received the court paper I wanted to call someone for help, you were the first Lawyer I call. You had help me before with some child support difficulties. And when I couldn't reach you, you daughter, Lawyer Lauren Arnel answered the phone. She was very understanding and kind enough to give me your email address. The day I came to New York City for the court date, I came with a heavy heart not knowing what's going to happen. But in the court that day Lawyer Howard Gardner presented the case beautifully and ask the court for a dismissal. And the Judge had to dismiss the case with no further argument. When I left the court room that day I was so happy my blood pressure went down.
All in all, It was a team work from your Firm. Thank you again to Mrs. L. Arnel and Mr. H. Gardner.
I will always recommend you Firm to anyone who is seeking legal help.
Mr. Arnel thank you very much.
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Excellent law firm. I am a father/service member that was awarded primary physical custody, final decision making of my son, and my child support payments was terminated thanks to Arnel law Firm. Curt, Lauren and Howard have years of experience and will represent you like Mike Tyson in the ring. They are relentless to the very end. They were able to prove that I was the more involved parent, had my son the majority of the time ( because of the mother choices), and was able to prove the mother's statement of having our son half the time was false along with many other false statements. Also they are honest with you from the beginning in terms of letting you know whether or not your case has enough substance to move forward to a court proceeding and even if its not they will advise you in the consultation what steps you will need to take. They will not waste your or their time. Highly recommend this law firm for divorce and custody battles.M.D.
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Mr. Arnel and his daughter Ms. Lauren Arnel litigated my divorce jurisdiction dispute with complete success. I felt very confident in their advocacy of my case. Mr. Arnel is a gifted attorney; I could not have asked for better. He is highly persuasive, professional, doesn't mince words, yet gracious and gentlemanly at the same time. He inspires confidence, and the outcome proved my confidence in him was well placed.Rachel A.
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I was extremely devastated when I reached out to the law office due to concern over a potential custody battle. I left a message and was contacted the same day and time that I was given. Curt was so attentive and knowledgeable. All of the questions I had were answered. I left the phone call feeling 100 times better than I did when I originally called. Even after asking a bunch of questions knowing that I wouldn't need his services he continued to answer questions with honest answers making it very clear how efficient he was in his field. I am very happy that I found him and honestly hope I won't have to use him in the future. However if the services are needed I would definitely pick him!Former Client
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If you are looking for a attorney that's very knowledgeable in his practice definitely speak with Curt Ariel. He's open and honest. Mr. Ariel answered all of my questions and I feel better about moving forward with my case.S.D.
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I highly recommend and respect Mr. Curt Arnel for all of his hard work and dedication to my custody case in the past. Mr. Arnel's knowledge, expertise, perseverance, and understanding helped my father to win our case which was NOT a walk in the park. I am forever grateful for everything Mr. Arnel has done for my father and I. Because of Mr. Arnel, I was given a chance to have a great life with my father who was loving, devoted, and did everything in his power to protect and educate me and provide the best life possible. Mr. Arnel saved me from a very unfortunate situation with my mother at a very young age. Due to his amazing work ethic and determination years ago, I am a successful woman and mother today! If you are looking for an attorney who will do everything in their POWER to FIGHT for you, TRUSTWORTHY, and devote their undivided attention to you and your case, look no further....Mr. Curt Arnel will show up and show out for YOU!M.C.
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Curt Arnel is an ethical attorney with extensive legal knowledge and compassion for his clients. Mr. Arnel will relentlessly fight to win your case, and I highly recommend him. He handled my divorce and did an excellent job throughout the process. He looks out for the interests of his client and provides encouragement and support in a very stressful process. Thank you, Mr. Arnel, for all you do and for treating me like family. I would highly recommend Mr. Arnel.L.M.
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If I could give 10 stars I would. If you find yourself in the unfortunate position where you need to speak to an attorney to resolve any issues concerning your family, Curt Arnel and his team should be your only call. This is a long post. I called Mr. Arnel's office expecting to speak to a receptionist, I was wrong. Mr. Arnel answered the phone and we had a 45-minute conversation about our issue. He was so generous with his time. He answered every question I had and even brought up a few points I didn't even think of. I was blown away at how casual the conversation was. It was like I was speaking with an old friend. I never felt rushed. He explained to me how he had just resolved a similar matter and explained the whole process including numerous options to resolve the matter. My wife and I took his advice and are so thankful we did. If you or someone you know needs a family lawyer call Curt Arnel. You'll be glad you did. We are.B.P.