Divorce enforcement for contempt when a spouse is failing to follow the divorce decree or is violating the court ordered divorce judgement requires enforcement of the divorce decree. The method of enforcement depends on what type of divorce provision was violated.The first and most direct route is to ask the court that issued the decree to hold your spouse in contempt of court for divorce contempt. Common forms of contempt include non-payment of debts, failure to list the family home for sale, improper division of a retirement plan or failure to divide retirement plans,
Divorce enforcement may be required when an ex-spouse fails to pay debts. A divorce decree will often designate who is responsible for the payment of certain debts, and if your spouse fails to pay their designated obligation, you may file a motion or order to show cause for contempt. Contempt is a quasi-criminal proceeding for failure to comply with court orders. The judge will typically give the offending spouse reasonable time to cure the violation. If your spouse fails to comply and cannot articulate a legitimate excuse, such as job loss and a diligent effort to find new employment, the court can order jail time to enforce compliance. If your spouse is stubborn and would rather sit in jail than do anything that could be construed as helpful to, you may need to contact a qualified divorce lawyer to enforce the judgment against your ex-spouse's other property. If your motion is granted, a writ of attachment can be issued to seize the property. If the property is real property, like a tract of land, your lawyer can petition the court to appoint a receiver to take "custody" of the real property, sell the property, and then to pay you the amount due out of the proceeds. Regardless of the enforcement method, the preliminary issue you must demonstrate to the court is that you have sought voluntary compliance through less harsh remedies. Show documentation indicating attempts to obtain voluntary compliance like letters requesting a resolution of the situation sent prior to your attempt at divorce enforcement.
Divorce enforcement when a spouse fails to sell the family home requires a different procedure. It is not unusual for a divorce decree to require that the family home or other real estate be listed for sale within a specified period of time. If your ex-spouse does not cooperate in the listing or sale of the home, a contempt proceeding can again be initiated to enforce the divorce decree. The judge can appoint an agent or receiver along with directions on how they are to list, sell, and distribute proceeds of the home. Again, letters and documentation are critical for you to demonstrate the attempts you have made to resolve the matter without court action prior to requesting the court for divorce enforcement and divorce contempt relief. The same documentation can also be the basis for the court ordering your ex-spouse to reimburse you for payment of your attorney fees and costs.
In addition to tangible property, divorce decrees also divide accounts, like retirement programs, as part of the overall property division. While a contempt proceeding can be initiated for divorce enforcement if you do not received your share of the 401K or retirement, this is usually an ineffective remedy. The funds may be spent by the time the court can take action, meaning the obligated party has no ability to pay. In this case, the best defense is a good offense; make sure that a Qualified Domestic Relations Order (QDRO) is prepared and served on the retirement plan administrator at the time of the divorce. The QDRO places the plan administrator on notice of how the court intended the retirement shares to be distributed, thereby making the plan another potential responsible party to any divorce enforcement actions.
When faced with a former spouse who fails to comply with a divorce decree, the court has a fair number of options for divorce enforcement, up to and including incarceration for contempt of court. However, remember that divorce enforcement actions are state specific. Contact a qualified divorce attorney to compel compliance of the court order. The success of motions you file frequently turn on what you are able to prove. Documentation is essential to convincing a court to order your ex-spouse to reimburse you for attorney fees or to issue a contempt order. A family law attorney can advise you exactly what types of documentation satisfy this burden in your particular jurisdiction.
Divorce enforcement where a spouse fails to pay child support is in some respects one of the easiest and cheapest issues to rectify, although it is usually part of a separate order called a child support order. If your former spouse becomes delinquent in their child support obligation, contact the district attorney or the agency that handles child support enforcement in your state. They are usually armed with extensive enforcement options either by state or federal law. Federal law permits aggressive collection methods including wage assignment, interception of tax returns, bank account levies, suspension of professional licenses, suspension of driver's license and even incarceration. Some states also have a criminal charge called criminal non-support for parents that repeatedly fail to pay their child support obligation. Even though this may seem like the simplest option, keep in mind that the function of the state attorney is to enforce a child support obligation. If other issues, like child custody, arise during the course of their enforcement action, they will not represent you on issues beyond support enforcement.
Similar remedies are available when your spouse fails to comply with custody or visitation orders, which like child support orders are usually separate from the divorce decree. You can request the court to hold your former spouse in contempt of court. If your former spouse insists of keeping your child past his/her designated visitation, some jurisdictions authorize courts to issue writs of attachment which order the sheriff in your area to find the child, take the child into custody, and return the child to you. If the current custody method or schedule does not work, you can also file for modification of custody/visitation orders. Repeated non-compliance can demonstrate the need for a modification and provide the court a basis for ordering a change in custody arrangements or granting you "make-up" time for visitation with your child. Because of the concern over parents "gaming" through their children, many states now make it a felony offense to interfere with child custody, even between parents. Before you file a police report with a law enforcement agency, make sure that you have developed an accurate list of violations and the date for each. The agency will also need a certified copy of the order you claim your former spouse violated. Contact your local state prosecutor to see if interference with child custody is an offense in your jurisdiction and their requirements for filing.