Weighing the Emotional and Financial Costs of Enforcement of an Agreement/Judgment

law-related-object-set-book-gavel-scale-justice-31723205Without a doubt, any party that enters into any sort of dissolution of marriage or custody judgment will run into a circumstance where they are faced with a violation of said agreement/judgment.  A lot of times parties are not sure how they can effectively coerce the other party into following the agreement or judgment.  No matter how hard a party might try, they cannot predict every single situation that will occur relevant to their judgment or agreement, and thus they run into issues after the judgment or agreement is entered.

A litigant really needs to weigh both the emotional and financial costs of enforcing their agreement in court prior to filing any sort of motion.  Many litigants are so focused on trying to “get back” at their ex that they don’t think about how enforcement can affect both them and any minor children financially and emotionally.  Going to court to litigate takes a toll on those involved.  It is stressful and can involve depositions, meeting with experts, compiling and combing through financial documents, and much more.  Additionally, the litigant will have to pay their attorney and there is no guarantee that the funds will be reimbursed, even if the litigant is successful.

It is best to consider whether or not a specific issue is worthwhile to bring before a Judge.  If child support is not being paid, that is something substantial.  It impacts your ability to provide for a minor child or children.  This is something that is likely to be worthwhile to litigate.  Issues such as taking an extra day of vacation or makeup visits, unless it is something that occurs over and over again, may not be something worth filing a motion over.

It is important to think long and hard about how filing a motion to enforce or for contempt will impact you and your family financially and emotionally before taking the step to file such a motion, otherwise you may not be prepared.

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