Options

If someone is not following a court order, there are different options available to get the person to comply depending on what kind of order the person is violating.  Read this section to find out more about what the different ways to get the order enforced.

Cant afford to pay bw Not paying child support or spousal support. 

If the other person won't pay child support or spousal support, there are two options to get a parent to follow a child support order.

  • Contact the District Attorney Family Support Division ("DAFS").  DAFS can collect child support on your behalf.  If the other party owes both child support and alimony, they will collect alimony as well.  They do not collect alimony only.  DAFS can garnish the other party's wages, intercept tax refunds, etc., to ensure payment. Visit Collecting Child Support for more information.   
  • File a Motion to Enforce and/or for an Order to Show Cause.  This motion asks the judge to hold the other party in contempt of court for not following the court order.  The judge can punish the other party with sanctions, fines, and/or jail.  You can also ask the judge to award you any unpaid child support or alimony owed.  Visit the Contempt page for more information.

Parenting Plan bw Not following custody and visitation orders.

If the other parent won't follow the custody/vistation order, you can file paperwork asking the judge to fix it. There are a few options: 

  • Enforce custody and visitation: When you simply want the other parent to obey the custody and visitation order, you can file a Motion to Enforce Custody and Visitation.  The judge will have you both appear in court to find out why the visitation schedule is not being followed, and may award make-up time for any time with the children that was missed.  
  • Request an emergency hearing for both parties and the children to attend:  If the other parent is withholding the child, you can ask the judge to set an emergency hearing that both parents and the children must attend
  • Have the child immediately returned to you: When there is an emergency and you want the child returned to you immediately, you can ask the court to give you a "Pickup Order" that awards you temporary sole custody.  This is usually the kind of order law enforcement requires before they will get involved in enforcing visitation orders.  

Visit the Custody Enforcement page for more information and to find forms for the above options.

You can also contact the Nevada State Advocate for Missing and Exploited Children for possible assistance in having the child returned to you. Visit Missing Children for more information. 
 

Custom Copies 1 bw Contempt.  

If there are other parts of the order that the other party is not following, you can file a Motion to Enforce and/or for an Order to Show Cause asking the judge to hold the other party in contempt.  The judge can punish the other person with sanctions, fines, and/or jail.  Visit the Contempt page for more information.