Enforcing a Divorce Decree: What You Need to Know

A divorce decree is a legal document that outlines the terms of a divorce settlement. It is signed by a judge and becomes effective once it has been filed with the court. However, just because a divorce decree has been issued does not mean that both parties will automatically follow its terms. In some cases, one party may fail to comply with certain aspects of the decree, leading to disputes and complications.

In this blog, we will discuss what you need to know about enforcing a divorce decree, including why it may be necessary and how to go about doing so.

What is a Divorce Decree?

A divorce decree is a final judgment issued by the court that formally ends a marriage. This document dictates the rights and obligations of both parties concerning matters such as the allocation of parental responsibilities, spousal maintenance, asset and debt division, and child support. Once the decree is issued, both parties are legally bound to comply with its terms.

The Importance of Enforcing a Divorce Decree

Enforcing a divorce decree is crucial for ensuring that both parties adhere to the court’s orders. Failure to enforce the decree can lead to significant financial and emotional hardships. For example, if one party does not pay child support or spousal maintenance, the other party might struggle to meet their financial needs. Similarly, non-compliance with parenting time schedules can disrupt the children’s lives and create undue stress.

Consequences of Non-Compliance

When one party fails to comply with the terms outlined in their divorce decree, several consequences can arise. These may include:

• Contempt of Court: The non-compliant party may be held in contempt of court. This can result in fines, jail time, or both.
• Wage Garnishment: The court may order wage garnishment to ensure payment of child support or spousal maintenance.
• Seizure of Assets: The court may allow the seizure of assets, like financial accounts or property, to satisfy outstanding obligations.
• Suspension of Licenses: Failure to pay child support can result in the suspension of the non-compliant party’s driver’s license or professional licenses.

Steps to Enforce a Divorce Decree

1. Review the Decree: First, review the divorce decree to understand its specific terms and conditions. Ensure you have documentation that proves the non-compliance.
2. Attempt Resolution: Before proceeding with legal action, attempt to resolve the issue amicably. Communication can sometimes lead to compliance without the need for court intervention.
3. File a Motion for Contempt: If resolution attempts fail, file a motion for contempt with the court. This legal document requests the court to enforce the decree and penalize the non-compliant party.
4. Serve the Motion: The non-compliant party must be served with the motion, notifying them of the legal action. This can be done through a process server or law enforcement.
5. Court Hearing: Attend the court hearing where both parties will present their cases. The judge will review the evidence and decide whether contempt of court has occurred.
6. Enforcement Actions: If the judge finds the non-compliant party in contempt, they will order enforcement actions such as wage garnishment, asset seizure, or other penalties.

Tips for Successful Enforcement

• Document Everything: Keep detailed records of communication and attempts to resolve the issue.
• Legal Representation: Hire a family law attorney to guide you through the process.
• Stay Informed: Understand your rights and the legal process involved in enforcing a divorce decree.

Why Choose WARD FAMILY LAW, LLC?

At WARD FAMILY LAW, LLC, we advocate for clients who need assistance enforcing their divorce decrees. Our team provides comprehensive legal support, guiding you through each step of the enforcement process. With nearly 20 years of experience in family law, we are committed to achieving the best outcomes for our clients.

Whether you need help with child support, spousal maintenance, or property division enforcement, WARD FAMILY LAW, LLC is here to support you. Reach out to us to schedule a consultation and start the process of enforcing your divorce decree.