How to Enforce Your Divorce Decree
Counsel from a Spring Divorce Lawyer
The provisions written in your divorce decree are enforceable by the court.
If you or your ex-spouse decide later on that the provisions in the divorce
decree are unacceptable, you must petition in the court for a
modification. You cannot merely ignore the divorce decree in hopes that it will go away.
Violators of the divorce decree can be put in contempt of court. The violations
are often the result of anger or betrayal on the part of the violator.
In some cases, the violator hopes that he or she can get revenge on an
ex-spouse through his or her actions or can control his or her ex-spouse.
Common Divorce Decree Violations
Some of the more common divorce decree violations are:
- Non-payment of child support
- Non-payment of alimony
- Non-compliance with visitation schedules
- Failure of a custodial parent to return the child on schedule
What to Do when Your Ex-Spouse Has Violated the Divorce Decree
If your ex-spouse has violated the divorce decree, you will need to file
a contempt of court motion. At the Law Office of Bryan Fagan, the attorney
can help you to file this motion correctly. You will need to ensure that
your ex receives the motion and the notice of the date and time of the hearing.
Even if you choose to handle the contempt action yourself, you should at
least consult with a lawyer to make sure you are doing it correctly. Your
local family law court can also help you identify which papers you need
to fill out and walk you through the process to ensure that you fill them
In your contempt of court motion, you are required to indicate exactly
what part of the divorce decree your ex violated and how he or she violated
the decree. You will want to create a complete account of what happened.
An attorney can help you create a strong case and get supporting paperwork
in order before you go to court.
After listening to the arguments, a judge will determine if your claim
is sufficient. If it is, you will be issued a written order detailing
the contempt order and how wit will be resolved. If your ex does not comply
with the requirement to resolve the issue, he or she may be jailed until
he or she agrees to comply. Don't hesitate to
call a Spring divorce attorney at the Law Office of Bryan Fagan today for more information.