What Is a Motion to Enforce In Colorado?

All aspects of divorce are distressing, but when one spouse refuses to follow court orders, it’s frustrating. Sometimes, non-compliance is frightening when the orders involve child custody or include protective orders due to domestic violence. Fortunately, the Colorado court system has legal resources when a divorced spouse refuses to comply with a court order.

A motion to enforce is an essential tool the court uses to ensure compliance with a legally binding court order, including in divorce cases, child custody cases involving unmarried co-parents, and other aspects of domestic court matters. For more information on your unique legal case, call our family lawyer in Denver, CO for a free consultation today.

Understanding a Motion to Enforce In Colorado Family Court Cases

A Motion to Enforce is a court filing used to compel the subject of a court order to comply with its terms. This legal mechanism works by asking the court to step in and take action to enforce its orders. Common enforceable court orders in Colorado include the following:

• Child custody and parenting-time schedules: A motion to enforce may prompt the court to order makeup parenting time, fines, or changes to the existing child custody order in favor of the compliant parent
• Child support: A motion to enforce child support could result in wage garnishment, intercepted tax returns, property liens, license and passport suspension, or a further motion for contempt of court charges
• Spousal support (alimony): Enforcement measures may include wage and bank account garnishment, seized bank account funds, interest awarded to the recipient, and a further motion for contempt of court charges
• Title and deed transfers: this could result in several enforcement measures, including property liens, wage garnishment, fines, and invoking Colorado’s Rule 70, which facilitates the transfer of the property deed or title through a court-appointed agent at the expense of the non-compliant party
• Protective orders: The court takes a motion to enforce protective orders very seriously due to the danger to the subject of the order. Enforcement measures include fines, arrest, jail time, probation, bail revocation, and electronic monitoring

In addition, motions to enforce court orders in Colorado often result in the court ordering the non-compliant individual to pay the other’s attorney costs and legal fees.

What Is the Process for Filing a Motion to Enforce In Colorado?

Before filing a motion to enforce, the petitioner must show that the order exists and is still valid, that the other party has failed to comply with the order, and that the failure was willful. It’s also necessary to show that the petitioner has attempted to resolve the matter without the court’s intervention.

Then, a family law or divorce attorney near you will draft the motion to enforce based on the unique circumstances of the case, file the motion with the court clerk, and arrange for the motion to be legally served to the respondent under the Colorado Rules of Civil Procedure. The attorney will also ensure that you are well-informed and prepared for the outcome of your motion to enforce.

How Can a Denver Family Law Firm Help Me?

An experienced Colorado family lawyer will take meticulous care to ensure your motion to enforce court orders is carefully drafted and properly filed and served to the respondent so you achieve the results your family deserves. Call Ciancio Ciancio Brown, P.C., today for skilled legal counsel from a compassionate family law advocate.