How to Enforce Court Orders in Divorce
Overview: Divorce and Court Orders Divorce cases can get very messy with each spouse fighting over their shared assets together. Most divorce disagreements are solved in court. However, even when the judge has ordered one or both spouses to do something, one partner might refuse to carry out the ordered actions. Fortunately, there are ways […]
Overview: Divorce and Court Orders
Divorce cases can get very messy with each spouse fighting over their shared assets together. Most divorce disagreements are solved in court. However, even when the judge has ordered one or both spouses to do something, one partner might refuse to carry out the ordered actions. Fortunately, there are ways to enforce court orders when dealing with a divorce.
Types of Divorce Court Orders
There are a few different types of actions that a court might order during a divorce case. These are a few of the most common:
- Child support
- Alimony support
- Visitation rights
- Payment of court costs
- Sale of any assets
It is also possible for one spouse to follow the orders, but not as they are dictated by the court. For example, if visitation rights are scheduled for a specific day and time each week but one parent is continually late or canceling the meetings, they could be in violation of the order.
Your Options When a Spouse Ignores Court Orders
It can be very frustrating when the court tells your spouse to do one thing and then they fail to follow those orders. It can complicate things if you are expecting child support or your ex-spouse continues to string you along for child visitation appointments. Fortunately, you file a motion for contempt if your ex-spouse does not take the court’s orders seriously.
Motion for Contempt
One of the first steps to take when your ex-partner does not follow court orders is to file a motion for contempt. This is a motion that indicates that the person has disobeyed the orders ruled by the court. A motion for contempt will usually be filed as an extension to the initial divorce case. This ensures that the court has all of the information they need, including the initial order. In most cases, you will also need to include any evidence that you have that identifies their disobedience.
It is important to file the motion of contempt correctly. Otherwise, you might not have the necessary evidence that is needed. This can complicate the process or extend it even longer. Once the motion of contempt is filed and accepted, the court will likely set a hearing date. During this hearing, you will go over the included evidence in front of the court. The court will look at the evidence and determine whether or not the other partner is in contempt of court.
The court may offer the following solutions:
- Additional time to follow the original court orders
- New court orders that must be followed
- Consequences for not following the initial court orders
The actions that the court takes will depend on the evidence provided, if this is a first offense, and the other partner’s reasoning behind the contempt. If the other partner continues to ignore the court orders, then they may be ordered jail time. If they continue to hold back-owed payment, then the court may garnish wages or enforce a property lien.
Get the Winslow Divorce Support that You Deserve
Going through a divorce is already difficult enough. You should not have to deal with multiple court dates and spouses who don’t follow court orders. The legal team at Davis & Mendelson is here to help you get the compensation and support that you deserve.
Contact a Cherry Hill Family Law Attorney for a Consultation About Divorce in New Jersey Today
If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as child custody, child support, or division of property, you need to speak with a qualified attorney. The New Jersey family law attorneys at Davis & Mendelson represent clients throughout the state, including Camden, Winslow, Voohress, and Collingswood. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests, and the interests of your loved ones, throughout the legal process. Call us at (856) 627-0100 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 1200 Laurel Oak Road, Suite 101, Voorhees, NJ, 08043.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.