What if my ex spouse won’t comply with our divorce order?

WHAT IF MY EX SPOUSE WON’T COMPLY WITH OUR DIVORCE ORDER?

You did it. You weathered the storm and now your divorce is final. Unfortunately, in some cases, the finalization of a divorce is not the end of the fight for a just resolution. Some people choose to flout a divorce decree and put the other parties in a position where they must fight for what the court already declared they should have. In these circumstances, what options do you have to compel your ex-spouse to comply with the divorce order?

It is important for you to keep your own actions above reproach to increase the likelihood that the court will rule in your favor. You have three main options if you find yourself in this dilemma.

First, you can file a motion with the court claiming that your ex is in contempt of the court. Once you file this motion, the court will arrange a date for your ex to appear.

Second, If you can secure a judgment against your ex because he or she does not comply with the court order, you can use that to pursue them with collection actions. You may be able to get what they owe you through wage garnishment, depending on the circumstances.

Third, in some cases it is possible to pursue criminal charges against your ex if they fail to pay court ordered support. This is only an option for those who are owed support of some kind and who have already pursued resolution through civil means. Criminal charges are a strong move, so be sure to consult with an experienced attorney before you decide which strategy fits your needs.

Source: Findlaw, “3 Potential Ways to Enforce a Divorce Decree,” accessed Sep. 13, 2017

2019-11-01T17:10:11+00:0013 Sep|
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