Enforcement Attorney in Temple Taking Your Spouse’s Noncompliance Head On
Many life events warrant a legal agreement, including divorce, marriage, and end-of-life planning. The point of a legal agreement is to ensure all parties follow the specific terms as they’re laid out and agreed upon.
Examples of this might include failure to pay child support or alimony or disregarding a person’s final wishes in a will or trust.
When a person chooses not to fulfill their obligations, this is considered non-compliance and comes with financial consequences and other penalties such as jail and probation. The party that wishes to enforce the contract to impose change can hire an enforcement attorney to pursue an enforcement suit.
The terms of a legal agreement are in place for a reason, and when you are the party impacted, Barina Law Group will take swift action. Our team of attorneys will handle your spouse’s non-compliance head-on to impose the change you’re looking for.
Start with an initial consultation and contact us regarding your case: (254) 523-4446.
What Type of Legal Agreements Can Be Enforced?
Say you recently divorced, and your spouse is responsible for paying alimony or selling your primary residence as part of your divorce settlement. When they refuse or do not follow the order, this is considered non-compliance. You can bring this to your attorney’s attention and consider an enforcement suit to impose the original agreement.
Another common example in family law is child support. During divorce proceedings, child support will be calculated, and the non-custodial parent will be responsible for paying a specific sum. If a spouse chooses not to comply, an attorney can pursue an enforcement suit on your behalf. Falling behind on child support payments is not something the court takes lightly.
Any changes regarding a legal agreement must be communicated to the other spouse and their attorney as they happen to avoid any legal troubles through a modification. Other examples of legal agreements that can be enforced include:
- Prenuptial agreements
- Postnuptial agreements
- Child support
- Spousal support
- Legal guardianship
To better understand a legal agreement, your rights, and what can be enforced in a contract, schedule time with our attorneys through a no-charge consultation: (254) 523-4446.
What is Enforcement?
Contracts involve promises to do something or specific clauses to prevent you from doing certain things. There is a discernable difference between promises and enforceable clauses in a legal agreement.
For an agreement to be considered a valid contract, one party must make an offer, and the other must accept it first. There is an exchange of considerations, and the contract is defined in a way the court can enforce later.
A spouse, executor, trustee, or any individual that does not fulfill their obligations is considered non-compliant. Non-compliance happens when one or both parties in a contract do not obey their obligations. This could be related to payment terms, executing a person’s estate or assets, or paying spousal support on time.
The other party’s non-compliance with an enforceable contract can result in sanctions and penalties. If you are on the receiving end of an enforcement suit, know this warning should be taken seriously as the other party is seeking a resolution and likely punishment for your actions.
Barina Law Group and our experienced attorneys can help you better understand your contractual obligations in a legal agreement. We can also protect your rights if you are in violation or need to pursue an enforcement suit. We cover every angle.
Can All Legal Agreements Be Enforced?
Despite what some people might think, grabbing just any legal document online doesn’t mean it’s enforceable in a court of law. Not all legal agreements are enforceable, and specific steps must be completed for this to happen.
The enforceability of an agreement starts with having an experienced attorney draft an enforceable contract that can be imposed in a court of law. Key steps include:
- Outlining an offer
- Acceptance of both parties
- Consideration and negotiation
With a written or oral contract between two consenting parties, the terms may not be violated or breached without voiding the agreement—failure to perform specific duties or fulfill obligations as promised triggers a contract to become null and void. A credible defense must be found first to rescind the agreement.
Do you have questions about your legal agreement and its enforceability? Is another party failing to follow its obligations? Contact Barina Law Group and speak with our attorneys regarding an enforcement suit: (254) 523-4446.
What Are Examples of Contract Defenses?
Being accused of violating an agreement versus being found guilty of violating a legal contract are two different things.
The court must determine whether a contract exists between you and another party. This shouldn’t be an obstacle if you have a legally-sound agreement that follows the proper steps.
There are different types of valid defenses our family law attorneys at Barina Law Group can use when a legal agreement is called into question, including:
- A person’s legal ability to form a contract in the first place. For example, a person under legal guardianship or who is mentally incompetent or unable to create an agreement for similar reasons will likely be void.
- If a person were forced to enter into a contract by verbal threats or threats of violence, coercion or misrepresentation would likely be void.
- Excessive bargaining power or extreme unfairness might be considered unconscionable by the court.
- Mistakes and errors found in the agreement
Our focus is helping clients draft formal—and enforceable—legal agreements, assisting with modifications as life changes, and enforcing them by the law. If you need assistance with a legal contract, or you need representation to fight a lawsuit or impose one, consider Barina Law Group.
Schedule an initial consultation today to get started: (254) 523-4446.