Divorce is frustrating and expensive, but at times very necessary. A divorce decree is a summation of your divorce settlement, and spells out all requisite information relating to what was decided by the court during your proceedings. A divorce decree can cover child support, spousal maintenance, custody, property division, visitation, and division of a joint estate.
A divorce decree proves that your divorce was finalized and is signed and stamped by the court and judge. But what do you do when your ex-spouse chooses not to comply with the divorce decree? What actions can you take to enforce your divorce as outlined by the courts, and what should you do if your ex-spouse disobeys a court order?
We outline a few important answers concerning divorce decrees below, as well as what to do when a spouse fails to pay child support, doesn’t acknowledge visitation decisions, or becomes difficult over property division and assets.
How Does A Person Disobey A Divorce Decree Child Custody And Visitation Issues Disobeying child custody and visitation orders can be frustrating and disruptive. It’s a troublesome effort by your ex-spouse to take advantage of your time and throw a wrench into your and your children’s schedules. In serious cases, your ex-spouse might attempt to keep your children from you, or might invade your time by an over-indulgence of remote contact with your children during your visitation times. Even milder disruptions, such as forgetting scheduled visits, dropping off the children at the wrong times, or creating issues in the parenting plan, can be problematic.
Failure To Pay Spousal Support Or Child Support Managing finances in a family is difficult, and that stress is compounded in the case of divorce. When your ex-spouse refuses to pay court-mandated child support or alimony, that can be enormously disruptive and a financial hardship. Late payments can make it difficult to pay bills on time, can negatively impact your credit score, and can make your living situation more stressful.
In some cases, a failure to pay child support can make it harder to provide necessities for your children, such as food and clothing. If your ex-spouse continually delays or misses payments, it’s in your right to ask the court to reinforce the existing child support payment order.
Property Division Issues When a divorce is finalized, both ex-spouses divide their debts and assets. This process is not a quick one, as possessions need to be sorted through, properties need to be sold, deeds need to be altered, and ownership changes hands. Distributing assets takes a lot of time, and can continue long after a divorce decree is issued.
If you and your ex-spouse have unfinished business regarding a division of assets, your ex-spouse may attempt to keep things that are rightly yours. They also might attempt to stall the process as long as possible, which means you could end up without some of your rightful property, assets, or funds. This can be an enormously frustrating situation especially if it takes months or years.
What to Do When Your Ex-Spouse Violates the Divorce Decree? Determine the Violations It’s important to review the divorce decree and see which provisions exactly your ex-spouse has failed to fulfill. Some examples can include late child support payments or spousal maintenance payments, or a disregard for visitation and custody. If your ex-spouse violates court orders, that is a pretty clear violation of the divorce decree.
Property distribution orders can also be violated. An ex-spouse might be guilty of neglecting to transfer the title for a vehicle or other assets, for example, as awarded by the judge during the divorce. You should document all violations for support in your case, and rely on a trusted Family Law attorney to help guide you through the process.
Gather Evidence Providing substantial evidence of the other party’s violations of the divorce decree is the most important part of facilitating a successful intervention. Any examples serve as proof of your ex-spouse’s noncompliance and can include written communications, financial records, or other evidence.
Documentation is critical and helps support the injured party’s case. Once court enforcement takes place, the burden of proof is on the injured party, which is why it’s helpful to have an attorney on your side. You will need to back up all accusations of noncompliance with proof of contempt and ample documentation.
File a Motion for Contempt of Court When one party does not abide by the terms of the divorce decree, they may be held in contempt. If your ex-spouse fails to comply with the terms of the ruling, such as not making child support payments, you can file a motion of contempt. A court clerk can help determine whether you should file a motion for enforcement, a motion for civil contempt, or another alternative action. Non-support final orders cannot be enforced via contempt.
Filing a motion for contempt can be done through an attorney, and your attorney can help you properly file to notify the courts which portions of the divorce decree were violated, and why your ex-spouse should be held in contempt. You are still responsible for proof, which an attorney can guide you through.
Your ex-spouse also has the opportunity to respond to the motion once filed. The judge might allow the accused party to rectify the violation, providing a time frame. This can work in the favor of both parties as it saves time and money, and the threat of action is often enough to enforce the divorce decree.
If the contempt case moves forward, the court will set a date for the hearing. If the guilty party (your ex-spouse) is found in contempt, the judge will specify how they might purge themselves of contempt—jail time is a real possibility in the case of some violations.
Every state has different laws when it comes to being held in contempt of court, and jail time might not be warranted if your ex-spouse recently lost their job, sustained a disability, or has no one to care for dependant children in their absence.
How To Enforce A Divorce Decree There’s not much you can personally do to enforce the divorce decree, nor should you try. You need to ask the judge to enforce a court order on your behalf when your ex-spouse refuses to follow the court-mandated order. If your ex-spouse is engaging in any criminal, threatening, or abusive behavior, you should call the police immediately. This can include theft, property destruction, and kidnapping.
Discuss any issues with a trusted divorce lawyer so that you can consider your options. A strongly worded letter from a Family Law attorney might be enough to convince your spouse, negating any legal ramifications, cost, and time. If this isn’t enough to move things along, work with your attorney on the next steps.
Your lawyer will advise you to gather as much evidence as possible if you are attempting to take your ex-spouse to court. This means gathering emails, text messages, voicemails, account statements, and anything else that can prove your ex-spouse is in violation of the divorce decree. If your ex-spouse has flagrantly refused to follow the terms of your settlement, you can utilize these sources as evidence against them in court. When it comes time for the judge to review your case, they will decide how to best move forward.
Penalizations for an ex-spouse not following a divorce decree can include:
Court-ordered fines
Freezing of accounts
Liens on businesses or homes
A loss of passport, driver’s license, or other professional license
Income garnishing
Withholding tax refunds
The judge might also allow you to modify your parenting plan in the wake of your ex-spouse’s violation. In some cases, the judge might find your ex-spouse in contempt of court for failing to follow an order.
Get Help from a Divorce Lawyer There are many considerations to make when your ex-spouse doesn’t comply with a divorce decree, and you mustn’t head down this path alone. A knowledgeable Family Law attorney can help you every step of the way, especially if your ex-spouse’s noncompliance has affected your children, your home, or your business. Contact Skyview Law today for a free consultation, and we’ll do everything we can to support you through this process.