Enforce Your Ex-Spouse’s Obedience
Even though a divorce decree has been signed and you and your former spouse are no longer together, that does not stop the latter from acting in ways that go against the terms of your agreement. It’s one thing to accidentally go against the terms once or twice, but it’s a completely different situation when they willfully disobey your agreement. How should you proceed in this situation?
Seeking the Help of the Court
In instances where a party named in a divorce decree is willfully choosing to not follow the terms of the decree, the other party has the option to seek the help of the court. Whether your former spouse is refusing to pay child support or withholds your children from spending their designated time with you, you have the right to ask the court for help in enforcing your order.
After reaching out to your attorney for guidance, your next step is to file a motion with the court notifying them of the breach of your divorce decree and requesting that they enforce your order. It also helps to accumulate evidence that your spouse has disobeyed your divorce decree to further prove that the court needs to step in.
Depending on the issue at hand, the court could take various steps to enforce your divorce decree. For example, they may hold your spouse in contempt of court, which could lead to jail time or significant fines. They could garnish their wages or take other measures related to your former spouse’s finances if they are refusing to pay alimony.
Speak With Your Attorney
The first step in seeking enforcement of a court order is to speak with your attorney. They can advise you on the best steps to take in order to protect yourself and your rights. At Griffith, Young & Lass, we take enforcement very seriously; your rights matter, and we will work with you to ensure that you are being protected and that your agreement is upheld.
Learn more about enforcement action in California or schedule your consultation by calling us at (858) 371-5569 or by visiting our website.