Many people who go through a divorce or custody battle are relieved when it is finally over. In some cases, individuals can be frustrated that their ex-spouse or partner is refusing to follow a court order. This time can seem very hopeless and bleak, as you have exhausted most of your options. When an ex-spouse won’t follow a divorce decree or a parent won’t pay child support, the Salt Lake City divorce lawyer at the Law Office of David Pedrazas, PLLC may be able to help. It is important to enforce the court order regarding child support, alimony or assets. If you allow your former spouse to ignore their legal obligations, you will continue to suffer. Retain a skilled divorce attorney to handle your case as soon as possible.
There are several types of court orders you may need to enforce, including child custody, property transfers and parent time. If your ex-spouse is not following their responsibilities in the order, you can take legal action against them. One way you can force your spouse to follow a court order is an “order to show cause.” This is a court process which allows you to legally enforce a divorce decree when the other individual is neglecting to follow it. You will need to file a motion with the court for an order to show cause, bringing their actions before the court. Your ex-spouse will be required to appear in court, where they can defend themselves or plead their case. Depending on the severity of the individual’s neglect, they may be held in contempt of court or be forced to pay fees for the other party. On top of this, they will also have to pay the child support, alimony or other expenses they formally owed. They may even be required to serve jail time if their violations are severe enough.
Other options for enforcement by the court include garnishing the uncooperative party’s wages, withholding income, placing a judgment lien on property and intercepting their income tax refund. Once the divorce has been processed and decreed in the state of Utah, you and your spouse are bound by law to uphold the terms of your divorce. Whether they neglect child support or refuse to transfer property, you have the right to enforce the court order. If your ex-spouse is failing to follow the court order from your divorce, don’t wait any longer to get the support you need. If they refuse to resolve the dispute outside of the court, you have the legal right to enforce the order. At the Law Offices of David Pedrazas, we may be able to represent you in court. If you would like more information about enforcements or other family law issues, contact our firm at 801-263-7078.