Enforceability is what allows a divorce settlement to work because both parties know if they do not follow through on what they agreed to, there are negative consequences. Despite hours of negotiating, your soon to be ex may change his or her mind about the settlement terms. Rather than renegotiate the divorce settlement, he or she may flat out refuse to follow through on divorce decree orders like:
- Parenting time schedules – Complying with parenting time schedules is critical to the happiness and well-being of your children.
- Child support – Payment of child support on time is non-negotiable. It must be paid as agreed.
- Child custody – This component includes parenting time and pick up and drop off punctuality.
- Spousal maintenance – Nonpayment is huge red flag and must be addressed immediately
- Transfer of marital properties – If a car or home needs to be sold there can be no hesitating in getting this done. Transfer of marital assets is mandatory.
Your divorce decree is legally binding, meaning if you or your ex do not follow through with the terms laid out in the divorce decree, you can be held civilly and criminally liable. If your ex-spouse is not following your divorce decree, you can file a Petition for Rule to Show Cause and take legal action against him or her in court. In order to do this, however, you must be able to prove that he or she is purposely defying your court order. So make sure you take all of your evidence and get ready to prove your ex is in contempt in court.
- Compile documentation of agreement violations
- Explain why your former spouse is violating the divorce decree. Be sure to document when each violation occurred. Include:
- A copy of the divorce decree.
- Copy of payment records showing missed support payments.
- Copies of email/text correspondence.
- Parenting time schedules.
- Photographic evidence of possession of marital properties.
- Notify Your Ex-Spouse (Optional)
If you gave your former spouse notice that you would file a Petition for Rule to Show Cause if he or she did not comply with the divorce decree, include proof. Proving that your ex was aware that he or she is in violation of the divorce decree should not be difficult if you were diligent in giving notice. Your former spouse will probably claim that he or she was unable to comply with the divorce decree. Lack of finances or ability to provide for your children are some of the most common excuses. The judge will have to decide if your former spouse’s reason for noncompliance made it impossible or unreasonable to follow the divorce decree.
File Your Petition for Rule to Show Cause
Filing a petition should be your last effort to salvage your divorce decree. Attempt to contact your former spouse and get him or her to comply with the decree. During your petition, list all attempts you’ve made to contact your former spouse. Attach any written notifications you’ve sent to your former spouse and any responses you’ve received.
Prove Willful Intent
Finally, you must prove that your former spouse “willfully, contumaciously and without just cause” failed to follow the divorce decree. Essentially, you need to prove that your former spouse knew he or she was not in compliance with the divorce decree and chose not to follow the decree’s terms. If you have done your homework in proving that your ex knew he or she was in contempt, then you are halfway home. It is then up to the judge to determine whether your ex had good cause for failing to follow the divorce decree.
Hold Your Ex-Spouse Accountable
Don’t let your ex get away with violating your divorce decree. Albuquerque divorce attorneys at The Law Office of Anthony Griego LLC can help you enforce your divorce decree. Call 505-508-3110 today and schedule your consultation.
