Enforcing Court Orders in Minnesota
In Minnesota, once a court order is issued, each party is responsible for complying with it in good faith. A court order is intended to resolve all matters as a final judgment. A party’s failure to comply with a court order may have significant negative impacts ranging from the court’s loss of trust to criminal charges. Compliance issues typically involve overstepping the legal custody decision-making authority, obstruction of parenting time, failure to pay child support or spousal maintenance.
At the Law Office of Tiffany Dust, we help clients enforce family court orders or bring clients back into compliance while minimizing damages associated with non-compliance.
What Enforcement Issues Exist?
Enforcing a court order involves request for court intervention. Common enforcement matters include:
Failure to pay child support or spousal maintenance
Refusing to follow a parenting time schedule
Ignoring property division or transfer of property requirements
Violating other terms outlined in the final judgment or settlement agreement
Enforcement of court orders involving any of these issues requires a motion to the court requesting specific relief. An accounting of how much is owed or how much parenting time was lost is necessary for the court’s understanding.
Legal Remedies for Enforcement of Court Orders in Minnesota
Minnesota law provides several tools to enforce family court orders. Remedies may include:
Contempt of Court: When a party willfully disobeys a court order, the court can find them in contempt. A finding of contempt may include a party’s payment of penalties to the court, reimbursement of attorney’s fees, make-up parenting time, wage garnishment, or even jail.
Income Withholding: For unpaid child or spousal support, the court may order automatic withholding from a paycheck.
Judgment for Arrears: Unpaid child or spousal support can become a formal judgment for collection.
Modification Motions: If a party claims they cannot comply due to a substantial change in circumstances, the court may modify the order instead of punishing non-compliance.
When to Take Action
If the other party continues to violate a court order, do not wait. Acting promptly helps document violations in a timely manner. We assist clients in gathering evidence, filing appropriate motions, and presenting strong arguments for enforcement.
Why Choose the Law Office of Tiffany Dust
At the heart of every enforcement action is a failure to comply with a court order. A proven lack of compliance can destroy the court’s trust in a party, which can negatively impact future decisions. Whether requesting compliance or defending against an enforcement matter, our approach combines empathy, assertiveness, and deep knowledge of Minnesota family law to help clients restore order and peace of mind.