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Stephanie: When Family Court Won't Enforce Its Own Orders

Stephanie: When Family Court Won't Enforce Its Own Orders

Season 2023 Episode 35 Published 3 years, 7 months ago
Description

Your ex ignores a court order. You go back to court, and nothing happens. Then it happens again. Attorney Stephanie says the point at which most judges start imposing penalties is not the first violation or the second, and that gap is where people lose their faith in the whole system.

Stephanie is a domestic violence attorney practicing in New York State, primarily in family court with some criminal work alongside it. She works in the nonprofit sector, so her clients are largely low-income and single parents, and she is candid that the parts of the job she likes least are the conversations at the start of a case where she has to tell someone what the court is unlikely to do for them. She has been on the show more than once, and this conversation is built around enforcement and around the expectations people walk in with.

Stephanie and Lisa work through what is available. Enforcement clauses, and why they mostly arrive by agreement rather than by order. Repeated contempt filings as a strategy, including the uncomfortable calculation of waiting until a pattern exists. Wage garnishment, and the New York child support unit's authority to suspend a license. What to itemize when you ask to be made whole: interest, filing fees, attorney's fees, the unpaid day off work, the childcare. Lisa describes asking a judge directly for a deadline and a consequence, and getting a stiffer interest rate than she would have requested herself.

They also get into perjury and why courts so rarely pursue it, and what an oath is actually for: a credibility finding in an order that follows the other party into every future proceeding. Orders of protection, and why children who were not present for the abuse are hard to include. Whether you want the same judge to stay on your case. The line Lisa used that made a judge stop and take notes. Why family court judges are elected and usually unopposed. What a judge will decide and what they consider parenting rather than law. Travel and holiday terms written in months ahead. What to say when the other attorney is burning the clock. And on CPS, the difference between an attorney for the child and a guardian ad litem, and why that distinction changes who will talk to your lawyer.

As always, this is strategic education, not legal or mental-health advice for your specific situation.

🎓 What you'll learn

  • Why court orders so rarely get enforced, and the child support levers that do move people
  • How to write enforcement into an order: a deadline, a consequence, and who pays the costs
  • What to itemize in a motion, including the day off work and the childcare you paid for
  • Why perjury is almost never charged, and how a credibility finding still helps you for years
  • How to catch a new judge up on a long case using transcripts and prior orders
  • Why children who weren't present for the abuse are hard to include in an order of protection
  • What judges will decide, and the parenting decisions no judge wants anywhere near an order
  • Fee waivers and the nonprofit network that serves people of any gender

⏱️ Chapters
0:00 Intro
1:00 Stephanie's practice, and why enforcement almost never happens
5:00 Enforcement clauses, paper trails, and repeat contempt filings
7:00 Asking a judge for a deadline and a consequence
10:00 Perjury, oaths, and what a credibility finding is worth later
14:00 Managing expectations, and what a family court attorney can't argue
20:00 What non-enforcement does to people, and the line that made a judge sit up
23:00 Family court judges are elected, and usually unopposed
26:00 Orders of protection: types, threats, and including the children
29:00 Keeping the same judge, and when you would not want to
33:00 Fee waivers, nonprofits, and travel terms written in months early
39:30 Legal decisions vs parenting decisions, clock-burning, an

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