It doesn`t matter what a party deems right or wrong in the divorce. What matters is how the laws of the state require them to comply with the divorce order and, therefore, child support. In this example, Joe was not only forced to pay, but he also suffered the humiliation that the court contacted his employer for his salary. The steps you take to enforce a divorce decree depend on the provisions that your spouse will not follow. For example, your ex-spouse may be in arrears in paying child support or support or having breached custody and education time orders. You may also need help enforcing the divorce decision if your ex-spouse refuses to transfer ownership of real estate or other property that the judge assigned to you during your divorce. A divorce agreement is a court order and an offense can result in civil and criminal penalties. If your former spouse refuses to obey your divorce order, you can take them to court by filing a rule application to prove the case. However, you must prove that your spouse is intentionally not complying with the injunction. You can help your case by preparing evidence of support for both your petition and your hearing. A divorce decision is not a proposal for action. It is a legally binding document. Courts can and will enforce a divorce decree against anyone who does not comply with its conditions.
This means that a person who refuses to follow the divorce decision can be detained and imprisoned in defiance of the court. Filing a rule application to prove the case should be your last resort, not your first reaction to a violation of your divorce order. The court expects you to have made reasonable efforts to ask your former spouse to comply with the injunction. You can list when and how you contacted your former spouse about the offence. Add copies of all written messages you`ve sent as well as replies. A well-crafted divorce agreement gets its teeth from your ability to enforce them. Even after all these hours of hearing, your former spouse may decide that he or she no longer agrees with the terms of the transaction. Instead of just asking you to renegotiate, he or she may refuse to abide by the agreed divorce terms, such as: Does your ex-spouse think you`ve violated certain conditions of your divorce? Did they file paperwork to file a lawsuit against you? While your case is heavily based on family law, it is important to understand that non-compliance with the court is a crime.
It will be important to hire an experienced criminal defence lawyer to represent you during these quasi-criminal proceedings. Now, months or even years after the divorce decision is introduced, your ex-spouse is not complying with the terms of the agreement or court order. What are your possibilities? When a person fails to pay child support and finds that they are violating a court order, this can have serious consequences outside the court system, for example. B attachment of wages, interception of taxes or imprisonment for non-compliance with a court order or for non-compliance with the conditions of a person`s divorce order. It is quite rare for someone to be in a position where the best solution is for their former spouse to go to jail. Most divorce decisions are violated by non-payment of child support or by failure to share access to children in accordance with the custody agreement. A person who does not pay adequate alimony or family allowances will quickly no longer be able to pay if he is in prison. . . .