What is a Response to Petition to Enforce?
This is a document that is completed when you have been served with a Petition to Enforce by the other party. The Petition will indicate what you have not done according to the current orders of the Court. This is your chance to state if you agree or disagree with the allegations and to show proof, or lack thereof, that you have met your obligations. These are primarily used to enforce monetary orders but can be used to enforce other parts of a current order that the other party states you have not followed.
What Do I Need to Complete the Response to Petition to Enforce?
You will need your own documentation regarding what the other party says you have not done. For example, if you are being accused of not paying child support, uncovered healthcare expenses, withholding a child, not paying spousal maintenance, among many other issues, you need to show the Court your evidence as to why it is not true and/or why you are unable to follow the orders at that time. Typically if the matter involves a non-payment of some type of support, it will be difficult for you to show why you have not paid and followed the orders and often times the Court will simply order you to pay a certain amount toward the past due payments you owe and/or enter a judgment against you for the total amount you are behind. When a Judgment is entered, it can be recorded and will show on your credit report.
It is important to follow the Court’s Orders. You can be found in contempt of court which could cause you to pay a large sum within a short amount of time. This is called a purge. It is meant to help you catch up on the past due obligations. If you do not pay within the time ordered, the Court may issue a warrant for your arrest and place in jail until you pay the purge amount. The Court can also require you to appear in Accountability Court and you will have to attend a hearing every month to show that you are current with all monthly child support payments. If you are not, they can issue a warrant for your arrest and take you to jail at that time.
If you have received a Petition to Enforce and need a Response, we can assist you. To learn more, you can sign up for a free Access Legal account today!