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James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

What To Do When Your Ex Does Not Comply 07-22-2016

What To Do When Your Ex Does Not Comply

Once your divorce is complete and the judge has set the terms going forward, you may feel like sitting back and breathing a sigh of relief. Unfortunately, there is still the chance that your ex-spouse won’t follow through on the requirements expected of them. You could face serious issues if your ex-spouse is refusing to follow through on child support payments, spousal support, or any other requirement of the divorce decree, especially if your livelihood was dependent on their support. Fortunately, there are several options you can pursue in order to ensure that your ex-spouse complies with the divorce decree.

Depending on your relationship with your ex-spouse, you may be able to in order to ensure they comply with the divorce decree. There are a variety of reasons they may not be able to follow through on the original terms of the divorce, some of which can be solved outside of the court. In some cases, you may need to go back in front of a judge in order to alter the terms going forward.

In other cases, your ex-spouse may be willfully violating the court ordered divorce decree. In that situation, you have the option to file a motion for civil contempt, which involves a few steps:

  • Writing the Motion: You are required to explain how your ex-spouse has violated the initial court order in the motion. This could include denying you access to your children during your visitation hours or failure to pay alimony or child support.
  • Serving the Papers: You must serve your ex-spouse the motion you file with the court in order to give them notice of your legal action.
  • Setting the Court Date: The court will set a date for your hearing sometime after you file the motion with the court. Once they do, you will need to serve your ex-spouse notice of the date, time, and location. Once the hearing comes around, the burden of proof rests squarely on your shoulders. You will need to prove that there was a court order signed and approved by a judge, and that your ex-spouse failed to follow through on the requirements set for them in the court order despite having the ability to do so.

Your ex-spouse will be given the opportunity to prove that they were unable to comply with the court order during the hearing. If the judge determines that they willfully ignored the court order while still being able to comply, they will be held in contempt. The judge can order sanctions in order to compel your ex-spouse to comply moving forward, but you can also go through other agencies like the local child support agency to ensure support through a variety of means[1]:

  • Credit reporting
  • Passport denial
  • Property liens
  • Suspending licenses
  • Franchise Tax Board Child Support Collection Program
  • Income tax intercepts
  • Financial Institution Data Match
  • Disability Insurance Benefit Intercept System
  • Unemployment Insurance Benefit Intercept System
  • Worker’s Compensation Appeals Board match system
  • Lottery intercept

If your ex-spouse fails to comply with a divorce decree or court order, it may be in your best interest to contact a qualified legal experienced. At James D. Madden, Attorney at Law, our Rancho Cucamonga divorce attorneys are prepared to take on any divorce case in order to ensure that you reach the best possible outcome you’re your family. Contact us today through our website for a free case consultation, or give us a call at (909) 992-0188 to set up a meeting with one of our divorce lawyers.

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Categories: Divorce Law, Family Law

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