Enforcement of North Carolina Divorce Decrees and Other Orders

Unfortunately, not everybody voluntarily complies with a decree or other family court order. Some willfully ignore court orders. Others have good intentions but are slow or sloppy about fulfilling their obligations. Still others encounter legitimate obstacles, such as job loss, that interfere with the ability to comply. 

 

Fortunately, North Carolina family courts retain jurisdiction to ensure that their orders are followed. That means that if one party fails or refuses to comply with the court’s order, the other can return to court and ask the judge to compel them to comply. In some cases, the non-compliant party may even be punished for contempt of court, and the non-compliant spouse may be ordered to pay the other’s attorney fees. 

 

Some examples of situations that bring couples back to court for enforcement of orders include: 

 

• One party fails or refuses to turn over property that was awarded to the other

• One party fails or refuses to take actions required by the court order, such as signing over a vehicle title to the other

• One party fails or refuses to pay debts allocated to them under the order, leading to collection action or negative credit reporting for the other party

• One party fails or refuses to make court-ordered domestic support payments

• One party is withholding access to children or to information and decision-making input in violation of the court order

 

If you’ve been through a divorce, child custody proceeding, have established child support or have other North Carolina family court orders and the other party is not obeying those orders, you have options. Speaking with an experienced North Carolina family law attorney should be your first step. 

 

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Modification of North Carolina Family Court Orders

Some aspects of a divorce decree or other court order are set in stone. That means a final order is truly final. Barring some exceptional circumstances, such as fraud that was uncovered after entry of the order, aspects such as property division typically can’t be altered. 

 

Other aspects of a family law case are subject to change as circumstances change. For example, it wouldn’t make sense to create a parenting plan when a child was five and then be stuck with those exact terms for the next 13 years, no matter what changed. Similarly, child support orders are subject to change as the parties’ incomes and circumstances change.

 

The circumstances that may warrant a change differ depending on the type of order. For instance, a child support order may be modified if either: 

 

• At least three years have passed since the entry of the existing order, or

• A substantial change in circumstances has occurred, including any change that would result in a change of at least 15% in the support obligation

 

The best source of information about whether your family court order is subject to modification and whether you likely have sufficient grounds for a change is an experienced North Carolina family court lawyer. 

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Frequently Asked Questions about North Carolina Family Court Orders

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How does a court enforce its orders? 

Methods of enforcement differ depending on the type of court order and other factors. Divorce, custody and child support orders are most commonly enforced through contempt of court proceedings. A contempt proceeding gives the court wide latitude to compel action, impose sanctions, require the party who violated the order to pay the other party’s costs and attorney fees, and other remedies. 

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When can a child custody order be modified in North Carolina? 

The court may hear a motion to modify custody when a substantial change in circumstances is alleged. Some examples may include a change in the health or mental status of one parent, a job change that significantly impacts the hours the parent is available, or violence or other actions detrimental to the children. 

 

The burden is on the parent requesting the modification to prove that there has been a substantial change and that the proposed change is in the best interests of the children. 

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When can child support be modified in North Carolina? 

Either party can petition to modify child support after three years have passed, or when there has been a substantial change in circumstances. A change in income that would alter the current child support award by 15% or more is generally considered sufficient--whether the change would increase or decrease the support obligation. One example of another type of change in circumstance would be a significant increase in the child’s expenses, such as the diagnosis of a medical condition that required expensive ongoing treatment.