Asking the court to enforce an order

This page explains how to ask a Utah court to enforce an existing order or decree. This process is done by filing a Motion to Enforce Order. Instructions for opposing a Motion to Enforce Order are also included below.

Note: Prior to May 1, 2021, this process was referred to as an “Order to Show Cause.”

Additional steps may be required if you are seeking to enforce:

• An order or decree from another state
• An order issued by the Utah Office of Recovery Services (ORS)

Steps to Ask the Court to Enforce an Order

Jurisdiction Check

If your case is in the 3rd Judicial District and your motion involves denial of parent-time, special procedures may apply.

Step 1: File the Required Documents

Submit the following documents to the court:

• Ex Parte Verified Motion to Enforce Domestic Order and for Sanctions
• Request to Submit for Decision
• Order to Attend Hearing
• Any supporting documents (e.g., receipts, ORS records)

There are two sets of forms:

• Domestic relations actions (e.g., divorce, custody, child support, etc.)
• Non-domestic actions

Domestic relations actions include:

• Divorce
• Temporary separation
• Separate maintenance
• Parentage
• Custody
• Child support
• Adoptions
• Cohabitant abuse protective orders
• Child protective orders
• Civil stalking injunctions
• Grandparent visitation
• Modifications of divorce, custody, or parentage decrees

Reference: Utah Rule of Civil Procedure 7B(i)

After reviewing your documents, if the court finds that the other party may not be complying with the order, it will schedule a hearing.

Step 2: Serve the Documents

Once the court schedules a hearing, you must serve all filed documents to the other party at least 28 days before the hearing.

Serving Methods:

• If the other party does not have an attorney, serve under Utah Rule of Civil Procedure 4.
• If the other party is represented by an attorney (within the last 120 days and no withdrawal has been filed), serve under Rule 5.
• If ORS or a Guardian ad Litem is involved, serve them under Rule 5 as well.

After service, file:

• Proof of Service (Rule 4)
• Certificate of Service (Rule 5)

The opposing party may file a Memorandum Opposing the Motion. If they raise new issues, you may respond by filing a Reply Memorandum Supporting the Motion, which must be served:

• At least 3 days before the hearing for domestic relations cases
• Within 7 days of the opposing memorandum for other cases

Step 3: Attend the Hearing

The court may schedule:

• An informal telephone conference, or
• A formal hearing (in person, by phone, or online)

Both parties will have the opportunity to present their positions. The judge or commissioner will determine whether the opposing party:

1. Knew about the order
2. Had the ability to follow the order
3. Willfully failed to comply

If the court finds non-compliance, it may impose penalties, including fines or jail time in extreme cases.

After the hearing, you may be asked to prepare a proposed order reflecting the court’s decision.

Writ of Assistance to Remove Children

If the other party is withholding court-ordered custody, you may request a Writ of Assistance. This is a serious court order that authorizes law enforcement to:

• Take physical custody of the children
• Use reasonable force, if necessary (e.g., entering a residence)

Opposing a Motion to Enforce Order

If you wish to oppose a Motion to Enforce Order, you may:

1. File a Memorandum Opposing the Motion
   • Domestic relations: File and serve at least 14 days before the hearing
   • Non-domestic cases: File within 14 days of receiving the Order to Attend Hearing
2. File a Counter Motion
   • If you believe the other party is also in violation of the order, file a Motion to Enforce Order as a counter motion along with your opposition memorandum.
3. Attend the Hearing
   • Be prepared to explain your side to the court.

Reference: Utah Rules of Civil Procedure 7A(e) and 7B(e)

Collecting a Judgment

If the court awards a monetary judgment (e.g., for unpaid child support or alimony), the winning party may take steps to collect the debt.

Contact a Salt Lake City Spousal Support Lawyer

The compassionate and experienced attorneys at Read Law are here to help with your spousal support or divorce needs. Whether you are initiating a divorce or seeking to modify an existing order, our team will advocate for your best interests.

Schedule a free 30-minute consultation today with a trusted Utah spousal support attorney.