Ensuring Compliance
After a Judgment of Divorce is finalized, both parties are legally required to follow the terms set forth in the parties’ agreement or Order of the Court after trial, including, but not limited to terms of child support, spousal support, custody, visitation arrangements and division of property. Unfortunately, situations arise where a former spouse fails to comply with his or her court-ordered obligations, causing financial and emotional strain on the other party. When this happens, post-judgment enforcement may be necessary to ensure that the terms of the divorce are honored.
Common Reasons for Post-Judgment Enforcement
There are several reasons why a post-judgment enforcement action may be necessary:
- Failure to Pay Child Support: One of the most common issues involves a former spouse neglecting to make timely or full child support payments.
- Non-Payment of Spousal Support (Alimony): A former spouse may fail to pay the agreed-upon spousal support, which can lead to significant financial hardship.
- Violations of Custody or Visitation Orders: A former spouse may disregard custody agreements, deny visitation rights, or interfere with the parenting schedule.
- Failure to Divide Assets: If the division of marital assets ordered by the court is not honored, enforcement action may be required.
Legal Remedies for Post-Judgment Enforcement
When a former spouse fails to comply with the terms of the Judgment of Divorce, several legal remedies may be available, including, but not limited to a contempt proceeding. A contempt proceeding is a serious legal action used to hold the non compliant party accountable and force their compliance with the Judgment of Divorce and/or Settlement agreement. If found in contempt of court, the defaulting spouse may face significant consequences including wage garnishment, or even imprisonment.
The Importance of Acting Promptly
If your former spouse is violating the terms of your Judgment of Divorce, it is important to act promptly. Allowing arrears to accumulate or visitation violations to continue can make enforcement more challenging down the road. By taking swift legal action, you can help prevent further non-compliance and ensure that your rights are enforced and protected.
Why You Need an Experienced Post-Judgment Enforcement Attorney
Post-judgment enforcement is a complex area of family law, and navigating it without proper legal guidance can be difficult. At Kitson, Haffner & Hyde, LLP, our experienced attorneys are well-versed in handling post-judgment enforcement cases and will work diligently to ensure that your former spouse complies with the court's orders.
We understand the frustration and stress that comes with trying to enforce a Judgment of Divorce. Our team will evaluate your case, explore all available legal remedies, and help you pursue the best course of action to obtain compliance. Whether through negotiation or litigation, we are here to support you every step of the way.
Contact Us for Help
If your former spouse is not complying with your Judgment of Divorce or Settlement agreement, don’t wait for the situation to worsen. Contact Kitson, Haffner & Hyde, LLP today to discuss your options for post-judgment enforcement and protect your legal rights. We are committed to helping you obtain the enforcement you deserve to move forward with your life.
