Once your divorce is complete and the judge has set the terms going forward, you may feel like sitting back and breathing a sigh of relief. Unfortunately, there is still the chance that your ex-spouse won’t follow through on the requirements expected of them.
You could face serious issues if your ex-spouse is refusing to follow through on child support payments, spousal support, or any other requirement of the divorce order.
Fortunately, there are several options you can pursue in order to ensure that your ex-spouse complies with the divorce decree.
Resolving Issues Outside of Court
Depending on your relationship with your ex-spouse, it may be in your best interest to resolve the violation of your divorce decree outside of court. If your ex is unintentionally violating the divorce they may not have fully understood the court orders or find themselves in a position where they are unable to comply for another reason.
By resolving these issues outside of court, you can avoid further expenses and potentially damaging your relationship with your ex (especially if you happen to be on good terms currently).
Enforcing a Divorce Order in Court
In other cases, your ex-spouse may be willfully violating the court-ordered decree, which means you may need to go back in front of a judge in order to force them to comply.
In that situation, you have the option to file a motion for civil contempt, which involves a few steps:
- Writing the Motion: You are required to explain how your ex-spouse has violated the initial court order in the motion. This could include denying you access to your children during your visitation hours or failure to pay alimony or child support.
- Serving the Papers: You must serve your ex-spouse the motion you file with the court in order to give them notice of your legal action.
- Setting the Court Date: The court will set a date for your hearing sometime after you file the motion with the court. Once they do, you will need to serve your ex-spouse notice of the date, time, and location. Once the hearing comes around, the burden of proof rests squarely on your shoulders. You will need to prove that there was a court order signed and approved by a judge and that your ex-spouse failed to follow through on the requirements set for them in the court order despite having the ability to do so.
Your ex-spouse will be given the opportunity to prove that they were unable to comply with the court order during the hearing. If the judge determines that they willfully ignored the court order while still being able to comply, they will be held in contempt.
When to Involve a Divorce Attorney
If your ex-spouse fails to comply with a divorce decree or court order, it may be in your best interest to contact a qualified attorney. At Family Law Advocacy Group, our Rancho Cucamonga divorce attorneys are prepared to take on any divorce case in order to ensure that you reach the best possible outcome you’re your family. Contact us today through our website for a free case consultation or give us a call at (909) 992-0188.
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