Q: If the other party is breaking a court order, does that give me freedom not to honor my end of the agreement?
I have a court order stating the defendant must pay $500.00 per month in child support and I have to bring my daughter back to New Jersey once a month for visitation purposes. It was a relocation case and I was honored the relocation to Florida under those circumstances. The defendant has not paid arrears or current child support. Does that mean I do not have to honor my end of the contract? The order stated all filings must remain in NJ.
A: I understand you have a difficult situation and I’m sure it’s frustrating that you are obeying the court order and the other parent is not. However, yes, you must still follow the court order, even if the other party is not. If the other party is not following the court order than you can make a motion to the court to enforce the order and compel them to comply. You cannot engage in what is called “self-help” by restricting the parent’s access to the child because they are not paying child support. If you don’t follow the court order related to visitation, you could cause the other parent to have a basis to change visitation or even custody, depending on the circumstances. If you need assistance in filing to enforce the child support order, you make an attorney consultation appointment (you can do this over the phone since you are in Florida) and discuss your rights and how to proceed.
A: You must still comply with the Court's Order. I'm certain that you heard the old saying that "2 wrongs don't make a right". You need to retain an experienced matrimonial (family law) attorney to bring an enforcement motion in NJ for you. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
A:
Thank you for your question.
The short answer is no. While the other party is breaching your Agreement, it does not give you the right to do so as well. If you violate the agreement, the other party can file an application with the New Jersey Courts to enforce same. Given the fact that the other party is violating the Agreement, you have the right to enforce same with the Courts.
I hope this information was helpful to you.
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