What Is An Enforcement?

Hey folks, Mark Scroggins with Scroggins law group wanted to remind y’all when I’m answering these questions that that y’all have posed, remember that that does not create an attorney client relationship between either myself or Scroggins Law Group and anyone out there. So this is just providing some general thoughts on the questions that y’all pose. So the next question we have is, what is enforcement. So an enforcement is a motion that is going to be filed when someone has not adhered to the terms of the underlying order. So the big ones where you can throw someone in jail are if someone hasn’t been paying child support, if they have not been providing possession and access to the kids. So let’s say that somebody’s got a standard possession order. And that standard possession order is, you know, you’ve got every first third and fifth weekend of the month by Fridays. And let’s say it’s expanded, so you can pick up little Johnny from school, when school is out. Okay. Well, let’s say that you have gone to the school to try to pick up little Johnny But Daddy has already taken little Johnny out of school. Okay. That would be a denial of possession and access to your rights. Okay, so can you file an enforcement over that? You bet your ass? Can the court throw your ex husband’s been in jail over that? Absolutely. They can, will they do it? Maybe it depends. But that is one of the things that they really tend to look unfavorably upon. The question is going to be what are the underlying facts? Was he just doing it to Jack with you? Or was it like he took the little Johnny out of school to take him to a doctor’s appointment? Okay. It shouldn’t have bled over into your time. And he would probably get what I would refer to as a judicial tongue lashing, but what would he necessarily be put in jail over that? Yeah, I think that’s a little unlikely, but it depends on the judge that you have in the county that you’re in. Okay. So it also depends on the quality of lawyering that you have. So, if you’ve got one of these issues, the number one thing is always to go talk to a board certified family lawyer who can walk you through the process and let you know, what exactly do you have