Divorce decrees are legally binding court orders that include agreements on child support, spousal support, property division, and other important considerations. Whether your ex has failed to pay spousal or child support or violated child custody or visitation orders, there are legal steps you can take to enforce the court-ordered terms of your divorce decree.
Your divorce decree doesn’t simply reflect what you and your ex agreed upon, but it also represents the time and money you invested during your divorce proceedings. Divorce itself is frustrating and emotionally taxing, and trying to enforce your divorce decree, after your ex-partner violates the orders, can add more emotional stress to your plate.
How Do You Enforce a Divorce Decree?
To enforce a court order, you need evidence to prove that your ex-spouse hasn’t been following the agreed-upon terms. To prove that there has been a violation of the divorce decree terms, it is a good idea to document the violations, if possible, by:
- Keeping a record of the communication between you both
- Saving screenshots of social media posts or messages
- Collecting other visual evidence of wrongdoing
File a Motion to Enforce Litigants’ Rights
This motion asks the court to take steps to enforce the court orders outlined in your divorce agreement. If the court rules in your favor, your ex will be forced to comply with the orders.
If your ex-spouse is found to be in contempt of the court (by violating the orders), they can face a variety of penalties. There are serious consequences for violating court orders (i.e., possible jail time, fines, garnished wages).
It is important to note that there are a lot of steps for filing a motion, which is why you should consider seeking the help of a trusted attorney.
Why Hire a Divorce Attorney?
Family Law procedures and legalities are hard to navigate. In enforcing the terms of your divorce decree, an experienced divorce lawyer will know what necessary legal documents to file, and they can answer any questions you have throughout the process.
Need help enforcing court orders? You can trust our firm to support you. At DeTommaso Law Group, LLC, we have over 125 years of combined experience, and we approach every case with an aggressive, personalized strategy. To schedule your case consultation, contact us at (908) 274-3028 or via our online contact form.