When you dissolve your marriage, you reasonably expect obligations outlined in the divorce decree to be honored. On occasion, an ex-spouse may fail to comply with the agreement. In such scenarios, you may wonder how to proceed. If your ex-spouse willfully defies the orders outlined in your agreement, you can file an enforcement action through the courts. Please continue reading to learn the steps you can take to protect your rights if your ex-spouse fails to adhere to the terms outlined in the decree and how our dedicated Monmouth County Divorce & Separation Attorneys can help you navigate this complex situation.
What Happens When Your Ex Doesn’t Comply with Your Divorce Decree?
First, it’s important to understand that when your divorce is finalized, the judge will sign a court document that outlines all the agreements you and your spouse have established. This document is known as the divorce decree. The decree usually includes terms of property division, child support, alimony, and parental time.
Once signed, the terms in the agreement become legally binding, meaning they must be followed. If your ex continually fails to abide by the agreement, you are entitled to petition the court to enforce the orders. Once this is filed, the court will hold a hearing to review the circumstances. In some cases, the court can hold your ex-spouse in contempt of court, which can include steep monetary fines and even potentially jail time in extreme cases.
Depending on the unique circumstances of your case, the court can order your spouse to pay you the funds they owe you if they are behind on their scheduled payments for child support or alimony. If your ex-spouse fails to provide the necessary funds, the court can garnish their wages or take other means to ensure you receive the compensation you are entitled to. Furthermore, if they violate a custody order, the court can revoke or modify parenting time.
How Can a Divorce Attorney Help?
At Paone Zaleski & Murphy, we are prepared to help you secure the most favorable agreement possible and ensure that the terms of the divorce decree are followed by all parties involved. If your spouse defies the divorce agreement, please don’t hesitate to contact our legal team as we are happy to review your case and recommend the next steps. If necessary, we can zealously represent your interests in court and ensure you receive the benefits to which you are entitled. We will work diligently to arrive at the most optimal solutions for your case. Connect with our firm today to learn how we can help you navigate these tough times.
