Enforcing Court Orders in Buffalo & Williamsville, NY
A court order only protects you if it is followed. When a former spouse or co-parent ignores a support, custody, or property order, New York law gives you real tools to compel compliance — and consequences for those who refuse.
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Divorce and family court orders are binding legal directives, not suggestions. Yet it is common for one party to stop following them once the case is over. Enforcement is the legal process of holding that party accountable and getting the relief the court already ordered.
We help clients enforce orders involving:
- Unpaid child support or spousal maintenance
- Denied or withheld custody and parenting time
- Failure to transfer property, refinance a mortgage, or sign required documents
- Violations of an order of protection
- Failure to divide a retirement account or honor a QDRO
Family Court vs. Supreme Court
Where you file depends on the type of order and where it originated. New York’s Family Court hears petitions to enforce child support, spousal support, custody, visitation, and orders of protection. The Supreme Court — which grants divorces — enforces the financial and property terms of a Judgment of Divorce, such as equitable distribution and the sale or transfer of assets.
For support, the two courts share jurisdiction, and the right choice depends on the facts of your case. We help you file in the proper court so your enforcement action is not delayed or dismissed on a technicality.
Enforcing Child Support and Maintenance
When a paying party falls behind, the receiving party can file a violation petition. In Family Court, a Support Magistrate hears the matter. If the court finds the failure to pay was willful, the available remedies are substantial:
- Money judgment for the full amount of arrears, plus interest
- Income execution / wage garnishment directing the employer to withhold payments
- Seizure of tax refunds and bank accounts
- Suspension of driver’s, professional, and recreational licenses
- Counsel fees awarded to the party who had to bring the petition
- Up to six months in jail for a willful violation under Family Court Act §454
Documentation is critical. A clear record of what was owed, what was paid, and what is outstanding is the foundation of a successful enforcement case.
Enforcing Custody and Parenting Time
When a co-parent repeatedly withholds the children, returns them late, or otherwise defies the parenting schedule, the remedy is a violation petition in Family Court. Depending on the severity and pattern of the conduct, a court may:
- Order compensatory (make-up) parenting time
- Modify the custody or visitation order
- Impose fines or require the violating parent to pay counsel fees
- Hold the violating parent in contempt
- In serious, repeated cases, reconsider which parent should have custody
Keep a detailed log of every missed or shortened exchange, along with messages and other proof. Patterns persuade courts far more than isolated incidents.
Contempt of Court
Contempt is one of the most powerful enforcement tools. Civil contempt (under Judiciary Law §753) is designed to compel compliance and compensate the wronged party; criminal contempt is meant to punish defiance of the court’s authority. To win a civil contempt finding, you generally must show that there was a clear and unequivocal order, that the violating party knew of it, that they disobeyed it, and that the violation prejudiced your rights.
A party found in contempt can be fined, ordered to pay your attorney’s fees, and in some cases jailed until they comply — though courts usually set “purge” conditions that let the party avoid or end a sanction by finally doing what the order required.
Enforcing Property and Equitable Distribution
Financial and property terms in a divorce judgment are enforceable too. If a former spouse refuses to refinance a mortgage, turn over an asset, or sign a deed or QDRO, the court can enter a money judgment, hold the party in contempt, or even appoint someone to sign the documents in the non-compliant party’s place. You do not have to absorb the loss simply because the other side ignores the judgment.
If circumstances have genuinely changed and an order needs to be updated rather than enforced, see post-divorce modifications.
Frequently Asked Questions
What can I do if my ex stops paying child support?
You can file a violation petition in Family Court. If the court finds the nonpayment was willful, it can enter a money judgment for the arrears, garnish wages through an income execution, intercept tax refunds, suspend driver’s and professional licenses, award you counsel fees, and even impose up to six months in jail under Family Court Act §454. Keeping clear records of what was owed and paid is essential to a strong case.
What happens if my co-parent won’t follow the custody order?
You can file a petition to enforce the custody or visitation order. Courts can order make-up parenting time, modify the order, impose fines or counsel fees, hold the violating parent in contempt, and in serious or repeated cases reconsider custody. A detailed log of every missed or shortened exchange, with supporting messages, makes a significant difference.
What is the difference between civil and criminal contempt?
Civil contempt is meant to compel compliance and compensate the wronged party — for example, fines, counsel fees, or jail until the person complies, with purge conditions that let them end the sanction by obeying. Criminal contempt is meant to punish a party for defying the court’s authority. Many family law enforcement cases proceed as civil contempt, but the two are not mutually exclusive.
Can I recover my attorney’s fees in an enforcement case?
Often, yes. New York law allows courts to award counsel fees to the party who had to bring an enforcement action, particularly where the violation was willful. This helps ensure that the cost of holding a non-compliant party accountable does not fall entirely on the party who followed the order.
How long do I have to enforce an order?
It depends on the type of relief. Support arrears, for example, can generally be pursued for many years and accrue interest, but waiting can make collection harder and weaken your proof. Because deadlines and practical realities vary, it is best to act promptly and consult an attorney about your specific situation.
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Complete Guide to Divorce in New York
12 pages covering equitable distribution, maintenance, child custody, timelines and more — written by Weinrieb Law attorneys.