Factors In Enforcing An Equitable Distribution Order
If, after your divorce order is entered, one of the parties fails to follow the terms of the order that the court entered or that were agreed upon and entered as a court order, the court under the divorce code has certain powers given to it. You or your lawyer would need to file a Petition for Contempt and Enforcement of the Marital Settlement Agreement or Equitable Distribution Order and attend a hearing before the court. At that time, if a party has failed to comply with the order, the court may order compliance and can do any of the following:
Authorize the taking and seizure of the goods and chattels and collection of the rents and profits of the real and personal, tangible and intangible property of the party
Award interest on unpaid installments
Order and direct the transfer or sale of any property required in order to comply with the court’s order
Require security to insure future payments in compliance with the court’s order
Issue attachment proceedings, directed to the sheriff or other proper officer of the county, directing that the person named as having failed to comply with the court order be brought before the court, at such time as the court may direct. If the court finds, after hearing, that the person willfully failed to comply with the court order, it may deem the person in civil contempt of court and, in its discretion, make an appropriate order, including, but not limited to, commitment of the person to the county jail for a period not to exceed six months.
Award counsel fees and costs, attach wages, or find the party in contempt