Enforcement of Family Court Orders in West Virginia and Ohio

A family court order is only as good as the willingness of both parties to follow it. When one party ignores, violates, or selectively complies with a divorce decree, custody order, support obligation, or parenting time schedule, the other party does not have to simply accept it. Both West Virginia and Ohio provide a range of legal tools to compel compliance and hold the violating party accountable. At Klie Law Offices, our family law attorneys help clients enforce their rights when the other side refuses to play by the rules.

We handle enforcement matters from our offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.

Why Enforcement Actions Are Necessary

In an ideal situation, both parties comply with family court orders voluntarily. In reality, violations are common. A parent may withhold parenting time, fall behind on support payments, refuse to transfer property as ordered, or ignore provisions related to health insurance, educational expenses, or other obligations. When this happens, the aggrieved party has the right — and often the responsibility — to seek enforcement through the court.

Taking enforcement action promptly is important for several reasons. Allowing violations to continue without consequence sends a message that the order is optional. Unpaid support accumulates as arrears that become increasingly difficult to collect over time. Ongoing custody and visitation violations can damage the parent-child relationship and, in the case of parental alienation, cause lasting harm. And some enforcement mechanisms are more effective when pursued early before the violating party has had time to hide assets, change jobs, or otherwise make compliance more difficult.

Liens on Property

A lien can be placed on the delinquent parent's real estate, vehicles, bank accounts, and other property. The lien prevents the parent from selling or transferring the property until the support arrears are satisfied. In some cases, the court can order the property to be sold to satisfy the debt.

Credit Reporting

Past-due child support can be reported to credit bureaus, which can significantly impact the delinquent parent's credit score and ability to obtain loans, housing, or employment that requires a credit check.

Passport Denial

Federal law allows the denial or revocation of a U.S. passport for parents who owe more than a specified threshold in past-due child support. This enforcement tool is particularly relevant for parents who travel internationally for work or personal reasons.

Contempt of Court

When other enforcement methods are insufficient, the custodial parent can file a motion for contempt of court. If the court finds that the nonpayment was willful, it can impose fines, jail time, or a suspended sentence conditioned on the delinquent parent making payments. Contempt is often used as a last resort or in combination with other enforcement tools.

Makeup Parenting Time

When a parent is denied their court-ordered parenting time, the court can order makeup time to compensate for the missed visits. Makeup time is intended to restore the noncustodial parent's lost time with the child and send a clear message that the visitation schedule must be followed.

Modification of Custody

In cases of repeated or egregious custody violations, the court may modify the custody arrangement itself. If the custodial parent is chronically interfering with the other parent's visitation or engaging in parental alienation, the court may transfer primary custody to the other parent. This is a drastic remedy, but courts recognize that a parent who consistently undermines the child's relationship with the other parent may not be acting in the child's best interests.

Contempt Proceedings

Contempt of court is available for custody and visitation violations just as it is for support violations. The court can impose fines, sanctions, and even jail time on a parent who willfully violates a custody order. The prospect of jail time can be a particularly effective deterrent for parents who have repeatedly ignored the parenting schedule.

Police Assistance

In some situations, law enforcement can assist with the enforcement of a custody order. If a parent refuses to return a child at the end of their scheduled parenting time, the other parent can present the custody order to law enforcement and request assistance. However, police involvement in custody disputes is limited, and officers may be reluctant to intervene in what they perceive as a civil matter. Having a clear, specific court order makes it easier to obtain police assistance when needed.

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Successful enforcement actions depend on thorough documentation. If you believe the other party is violating a family court order, you should keep a detailed log of every violation, including dates, times, and specific details of what happened. Save all relevant communications — text messages, emails, voicemails, and social media posts — that document the violation or the other party's refusal to comply. Gather any third-party evidence, such as statements from witnesses who observed the violation. Keep copies of all court orders so you can identify the specific provisions being violated. And document your own compliance with the order to counter any claims that you also failed to follow its terms.

This documentation will be essential when presenting your enforcement case to the court.

Enforcement actions require an attorney who is thorough, persistent, and prepared to take the case all the way to a hearing if necessary. At Klie Law Offices, our family law team has extensive experience pursuing enforcement in family courts throughout West Virginia and Ohio. We also defend clients who are facing enforcement actions and help them understand their options — whether that means coming into compliance, demonstrating that compliance was impossible, or seeking a modification of the order.

We understand that when the other party is not following the rules, it affects every aspect of your life and your children's well-being. We take enforcement cases seriously and work to achieve results that restore compliance and protect our clients' rights.