It can be extremely frustrating when your ex begins violating your marital settlement agreement. But no need to stress; we are here to guide you through six steps that you can take when your ex is violating your marital settlement agreement. When these bumps in the road arise during your divorce, you want to know how to protect yourself and restore the peace between the two of you. Whether your ex is violating your MSA by not paying child support or another reason, these steps can help you know how to handle the situation.
Understanding Your Marital Settlement Agreement
A marital settlement agreement (MSA) is a legal contract between you and your spouse that outlines the terms and conditions that you both agreed to during your divorce. Typically, an MSA covers property division, spousal support, child custody, parenting time, and any other issues relevant to your divorce.
Why you need a marital settlement agreement cannot be stressed enough. An MSA provides both you and your ex with an outline of how things should be handled after the divorce is finalized. It sets guidelines for what you and your ex need to do (or not do) moving forward. This helps prevent arguments between you and your ex because the marital settlement agreement clearly states what you each are entitled to and expect from one another.
When you both agree to the terms set forth in your MSA, you can avoid lengthy court visits and help protect yourself and your spouse’s rights. Once both parties sign their marital settlement agreement and the judge approves it, it becomes part of your final divorce decree and is legally binding.
Examples of Violating a Marital Settlement Agreement
If you have your MSA in place, you and your spouse can have some closure during this chaotic time. When you both sign your marital settlement agreement, it becomes a legally binding document that requires you and your ex to abide by the terms. However, there are times when an ex can violate your marital settlement agreement.
Here are some examples of marital settlement agreement violations:
Failure to pay child support or alimony
One of the most common violations of an MSA is when one spouse stops making child support payments or alimony payments that were agreed upon.
Custody violations
Your ex can violate your MSA by not following your child custody arrangement. This can include not bringing your child to you at the agreed time, denying you your parenting time, or deciding on a new custody schedule without your consent.
Failing to disclose assets
If your ex hides assets or income that can affect alimony or child support, they have violated your agreement.
Refusing to transfer property
If your spouse was meant to transfer ownership of an asset to you but fails to do so, they are violating your MSA. This can include refusing to sign over the deed to a house to your name or failing to divide a retirement account between you and your ex.
Interfering with your ability to relocate or travel
If your spouse takes your child and moves out of state without your consent or the court’s approval, they have violated your MSA. Your ex can also violate your agreement by denying you the opportunity to travel with your child, even if you are allowed to do so per your custody agreement.
What Happens If You Break Your Marital Settlement Agreement
Once you and your spouse sign your marital settlement agreement as part of your divorce proceedings, it becomes a legal document. When either person breaks one or more of the agreed-upon terms, there can be consequences.
Here are some examples of what could happen if your ex violates the marital settlement agreement:
You could be held in contempt of court
Since your marital settlement agreement is approved by the court, breaking its terms can result in being held in contempt of court. If you violate your MSA, you can be sentenced to pay fines, complete community service, or even serve jail time if the judge thinks your violation is severe enough.
Financial penalties
The violating spouse may be ordered to pay the other spouse’s attorney fees and court costs. If your ex failed to pay child support or alimony, the court may order them to pay the missed payments that you are owed. Either way, there can be financial consequences if your ex violates your MSA.
Your agreement can be modified
If your ex continues to go against the MSA, the court may side with you and modify your marital settlement agreement. Custody arrangements can be altered to benefit your child, and alimony can be adjusted based on your spouse’s actions.
You may go through an enforcement process
If your ex violates your marital settlement agreement, the court can take steps to enforce your MSA. They can garnish your spouse’s wages, place liens on property, or order your assets to be sold to benefit you.
Parental rights can be affected
Violating custody arrangements in your MSA can cause you to lose custody of your child or experience reduced parenting time. If your ex repeatedly violates the MSA and courts find it best for your child’s well-being, you could lose your parental rights.
How to Handle Violations of Your Marital Settlement Agreement
Going through a divorce is hard enough, but dealing with your ex violating your marital settlement agreement can take a toll on you. While we hope that your ex will not try to battle the terms set in your MSA, it is important to know how to handle yourself if they do. Below we outline six steps you should take if your ex violates your marital settlement agreement.
Communicate With Your Spouse
If your ex violates your marital settlement agreement, you should talk to them. They may be testing your boundaries or may not realize they are violating your agreement. Remember, it is not your job to help your ex better comply with the MSA. However, communicating with your ex can help prevent any major issues in the future. It also shows that you attempted to reach your ex before filing something with the court if you end up having to do that.
Talk To Your Attorney
If your spouse is violating your MSA, what you do next depends on whether your divorce is final and what your ex is doing. If your divorce is not final, you should speak with your family law attorney about your options. You may be able to negotiate new terms and sign a new MSA before your divorce is finalized.
It is essential to protect yourself, even if it costs you more time and money. If your divorce is final and you both signed your marital settlement agreement, speak to your attorney about your options. They will most likely recommend an action to attempt to settle the situation. However, if you cannot get your ex to comply with your MSA, your attorney will know what legal actions you can take. You should attempt all options before taking your ex to court.
Document Your Spouse’s Violations
Your attorney will likely advise you to keep records of your spouse’s violations. documentation is imperative as it will help you establish a pattern of behavior that your ex may be displaying. You should take pictures, keep texts and social media screenshots, send emails to establish records of your concerns, and keep any other documentation you may need.
Ask Your Attorney About Filing for Modification
Once again, if your divorce has been finalized, your attorney may advise you to file for modification of your MSA. To modify your agreement, you will need to prove that there has been a change in circumstances. If your ex is continually violating the MSA, showing proof that they are not following your agreement could convince the court and prevent your ex from continuing this behavior.
File a Motion for Contempt of Court
As mentioned above, you will want to talk to your attorney about the actions you need to take to address your ex’s violations. If your ex violated your MSA and you need to take legal action, you can file a motion for contempt. Filing this motion informs the court that your ex willfully did not follow your marital settlement agreement.
When filing this motion, you must show the court that your ex was in violation and that your ex could follow the MSA but chose not to. Providing evidence of missed payments, communication between you and your ex, and any other helpful documentation will be needed when filing your motion for contempt. Once your motion is filed, your ex can be sentenced by the court to pay you fines, pay for your legal fees, wage garnishments, loss of privileges (i.e., losing their driver’s license), and/or jail time. The court wants to see that you will comply with your MSA, so they will enforce this by allowing you to file something as serious as a motion for contempt.
File a Motion for Enforcement
If your ex is violating your marital settlement agreement, you have one other legal option. You can file a motion for enforcement to help settle the situation. If you file this motion, you are asking the court to help enforce the terms of your MSA that your ex is not following.
During an enforcement hearing, you must show proof that your ex violated the MSA. If found in violation by the judge, they will order your ex to complete specific actions that will resolve the issue. Your ex may need to pay you the support they owe, transfer property to you, or meet the custody terms outlined in your MSA.
Contact Our NM Divorce Attorney About Your Marital Settlement Agreement
The divorce process can be overwhelming, but you do not have to go at it alone. The attorneys at The Law Office of Anthony Griego LLC are knowledgeable and can help you every step of the way. If your ex is violating your marital settlement agreement and you need someone on your side to help you protect your rights, contact us.
Give us a call at 505-508-3110 to set up your consultation or visit our contact us page to submit your information through online form. Located in Albuquerque NM, The Law Office of Anthony Griego LLC serves individuals and families all over Albuquerque and the surrounding areas.
Disclaimer: The information on this blog is provided for general information purposes only. All information on this blog is the opinion of our providers and should not be considered legal advice. Because each case is different, you should consult a licensed attorney for advice. You should not act or refrain from acting based on content on this blog.
