7,367
edits
Difference between revisions of "Enforcing Orders in Family Matters"
From Clicklaw Wikibooks
Enforcing Orders in Family Matters (view source)
Revision as of 23:25, 23 August 2017
, 23:25, 23 August 2017no edit summary
Desy Wahyuni (talk | contribs) m |
Nate Russell (talk | contribs) |
||
| Line 11: | Line 11: | ||
You sometimes hear people complaining about how the court didn't help them do this or that, or how the court failed to protect their children or their car or their chihuahua. A popular misunderstanding about the court system is that it monitors and enforces its own decisions. It doesn't. That's up to you. | You sometimes hear people complaining about how the court didn't help them do this or that, or how the court failed to protect their children or their car or their chihuahua. A popular misunderstanding about the court system is that it monitors and enforces its own decisions. It doesn't. That's up to you. | ||
In a very narrow sense, the job of the court is to hear the court proceedings brought before it and to make decisions about what is fair and appropriate in the circumstances of each proceeding. The person who begins the court proceeding, the ''claimant'', is responsible for managing their case and ultimately convincing the judge why the orders they are asking for are fair and appropriate. The person against whom the proceeding is brought, the ''respondent'', is responsible to defending | In a very narrow sense, the job of the court is to hear the court proceedings brought before it and to make decisions about what is fair and appropriate in the circumstances of each proceeding. The person who begins the court proceeding, the ''claimant'', is responsible for managing their case and ultimately convincing the judge why the orders they are asking for are fair and appropriate. The person against whom the proceeding is brought, the ''respondent'', is responsible to defending themself and explaining why the orders the claimant wants are unfair and inappropriate. The job of the judge is to manage the trial, listen to the parties and their evidence, and then decide what a fair and appropriate result is. | ||
The judge's decision is a ''court order''. It is binding on the parties and they risk being held in contempt of court if they do something different than what the order requires. | The judge's decision is a ''court order''. It is binding on the parties and they risk being held in contempt of court if they do something different than what the order requires. | ||
| Line 60: | Line 60: | ||
====Payors of support==== | ====Payors of support==== | ||
People usually assume that when FMEP is involved it is the payor who is delinquent rather than the recipient. It can sometimes happen, usually as part of a larger dispute, that a recipient will refuse to accept the payor's support payments. If a payor simply throws up their hands and says "fine, I'll keep the money," the payor can find | People usually assume that when FMEP is involved it is the payor who is delinquent rather than the recipient. It can sometimes happen, usually as part of a larger dispute, that a recipient will refuse to accept the payor's support payments. If a payor simply throws up their hands and says "fine, I'll keep the money," the payor can find themself seriously disadvantaged if the larger problem ever goes to a hearing, plus the payor may have to pay the money the recipient refused to accept! | ||
Payors who find themselves in such a situation can enroll in FMEP, just the way that recipients do. FMEP will accept the payor's payments and attempt to forward them to the recipient. If the recipient still refuses to accept the payments, FMEP will keep the payments on behalf of the recipient as well as a record of the payments made. This will protect the payor's interests at the hearing of the larger problem, if there ever is one, and will save the payor from falling into arrears. | Payors who find themselves in such a situation can enroll in FMEP, just the way that recipients do. FMEP will accept the payor's payments and attempt to forward them to the recipient. If the recipient still refuses to accept the payments, FMEP will keep the payments on behalf of the recipient as well as a record of the payments made. This will protect the payor's interests at the hearing of the larger problem, if there ever is one, and will save the payor from falling into arrears. | ||
