Brandon Post-Divorce Enforcement Attorney
Your divorce just got finalized and you’re excited. You can finally move on—or can you? Sure, the final divorce decree says you get the house, but is your ex-spouse still living there, refusing to move out? The decree awarded you the sports car, but have you received it yet? Maybe you’ve been divorced for almost a year and still have not received any child support from the other parent.
A divorce decree may be ordered, but enforcing it is a whole other matter. While most divorces go smoothly once the final decree is in place, sometimes one party will refuse to enforce it out of spite or revenge. In many cases, financial obligations such as alimony and child support are not paid due to a lack of financial resources.
When one party fails to comply with a divorce decree, this is called contempt of court. This is a serious issue that can result in criminal charges and penalties by the court.
Penalties for noncompliance of a divorce decree can include the following:
- Wage garnishment
- Liens on property
- Loss of driver’s license
- Loss of custody of your children
- Modifications to visitation
What is Considered Contempt of Court?
Contempt of court can happen in a variety of ways. Most cases happen when one party refuses to hand over marital assets. Even if the spouses agreed on the asset distribution before the divorce was finalized, there are still cases when one party refuses to hand over sentimental items such as heirlooms, collectibles, furniture, and electronics. There may also be disagreement over vehicles, pets, family photos, and other tangible items.
When the party fails to comply with the order, they can be held in contempt of court. In these cases, asking for the monetary value of the item instead may cause the party to comply.
Contempt of court can also occur when one party intentionally violates the terms of their divorce, such as refusing to pay alimony or child support for various reasons. There have been cases of parents refusing to pay child support even though they have the ability to pay. Some parties will even quit their jobs out of spite to avoid having to give money to an ex-spouse.
Both parties also need to comply in child custody situations. For example, refusing to return the children to the other parent as agreed can also lead to contempt of court.
Contact a Brandon Family Law Attorney Today
While the final divorce decree outlines asset division, child support, child custody, and alimony, all these elements need to be enforced. When one party refuses to hand over assets or financial support, it can lead to contempt issues.
Are you in need of enforcement for your divorce decree? Stephanie Koether from Koether Law, P.A. can help resolve post-divorce issues. Our hands-on approach will help you get the best outcome possible. Contact our Brandon office and schedule a consultation today.