A Decree of Divorce spells out the rules to which each party must adhere, as ordered by the courts. The decree can be enforced by the courts when one or both parties fail to comply.
The most common violations of the terms of a Decree of Divorce include refusal to pay child support, failure to pay debts, and violation of the terms of visitation and custody. If your spouse fails to comply with the court's order, they may be held in contempt of court. At Enderton & Mathews, LLC, our Salt Lake City family law attorneys can help.
Often, court orders determine which party is responsible for paying particular debts. Should that party fail to pay their decreed obligation, filing a motion to show that they are in contempt could be an option available to you. The Court has wide discretion as to what they can order if they find that your ex is in contempt. The Judge can be as lenient as simply ordering the spouse to comply or as stringent as ordering jail time for your spouse. Generally, the Judge will order the spouse to comply and will award you the attorney fees that you incurred seeking to enforce the Decree of Divorce.
Sometimes, a spouse will continue to refuse to follow the Decree of Divorce. If so, it is possible to enforce the judgment by seizing the ex-spouse's other property, garnishing bank accounts, and garnishing wages.
If the Judge orders a money judgment for the contempt, the Judgments can attach to any real property your ex-spouse owns within the county.
You will need to take reasonable steps to obtain compliance with the Decree of Divorce. Keep track of all communication you have had with your ex in which you attempted to obtain compliance. If that doesn't work, our office will send a letter demanding compliance. Remember to keep your demands civil and reasonable. Don't lash out or retaliate in any way. That will only make it more difficult to get a Judge to find your ex in contempt.
Enderton & Mathews, LLC serves clients throughout Northern Utah, including but not limited to; Salt Lake City, Provo, Spanish Fork, Park City, Layton, Ogden, and Logan.
Contact us today at (801) 701-8644 if you believe your spouse is not adhering to their obligations! Our Salt Lake City family lawyers may be able to help.