Montgomery County Equitable Distribution Order Enforcement Attorney
Typically, parties work long and hard to complete a marital settlement agreement. In most cases, both sides fully agree to all property division terms. Unfortunately, that does not mean both sides always follow through on their commitments. In fact, the opposite is often true. Many divorced spouses start with small violations, like unilaterally changing an internet plan, and then move onto larger things.
As such an effective Montgomery County equitable distribution order enforcement attorney from Kardos, Rickles & Hand is vital to your family’s future. Many people run roughshod over other peoples’ rights if they think they can get away with it. We serve as a strong voice for you, so we help ensure that does not happen. If your ex pushes, we push back, gently at first, and firmly when necessary.
Types of Errors and Our Responses
Many people take advantage of technical errors in the divorce documents. For example, the decree might not specify a certain date for executing a Qualified Domestic Relations Order and dividing a retirement account. Or, the orders might not prohibit certain conduct, such as altering utility service, while the divorce is pending.
Because we pay such close attention to detail and always assume the worst, these things rarely happen with the divorce orders we draft or review. In many of our enforcement cases, the prior attorney erred in some way. We do not point fingers in these situations. Instead, we quickly remedy the situation by submitting a clear, enforceable order to the court.
Other times, the court orders are clear, but the other party blatantly disobeys them. Typically, we fire a warning shot, usually in the form of a demand letter. Frequently, that move encourages swift compliance. But if it does not, we do not hesitate to take the next step. That usually means a motion to enforce.
Out of State Orders
People relocate across state lines frequently, especially in the Mid-Atlantic area. If a foreign (out of state) judge signed your order, it is usually enforceable in Pennsylvania. However, we might need to lay some legal ground work first.
Generally, judges approve motions to transfer without requiring hearings. The only exception is if a foreign judge made an order which is clearly contrary to Pennsylvania law. These situations are exceedingly rare.
Ideally, the best way to resolve an enforcement dispute is to craft a solution which protects your legal and financial rights and will not require future enforcement. Frequently, mediation fits the bill.
A third party mediator, who is usually an unaffiliated Montgomery County family law attorney, works with both sides to facilitate a settlement. Typically, mediation lasts a half day or a full day. After each side makes a brief opening argument, the mediator conducts shuttle diplomacy by conveying settlement offers and counter-offers back and forth.
If both sides negotiate in good faith, mediation is usually successful. The key to a successful outcome that protects your legal and financial rights is to know when to compromise and when to stand firm. Otherwise, the settlement might not adequately protect your interests or the negotiations might bog down completely.
Contact a Diligent Attorney
We do not just know how to craft favorable orders. We also know how to enforce them. For a confidential consultation with an experienced family law attorney in Montgomery County, contact Kardos, Rickles & Hand. Convenient payment plans are available.