What to Do if Your Ex-Spouse Is Not Following Court Orders
For many who pursue a divorce, the battle doesn’t end when the final decree is issued. Many people face ongoing fights with the previous spouts when they choose not to follow the court order. This most often has to do with child support or parenting time but may also include child support or alimony payments. So what are you supposed to do when your ex-spouse violates the court order? For once, the answer to this is relatively straightforward, and speaking with a Broomfield family law attorney with Danielsen Westhoff, PC may help get you on the right track.
Violating a Court Order
Court orders act as instructions given by the judge who oversees your case. You may walk away from a legal situation with a sense of relief because expectations are clear, only to realize later that your ex-spouse has taken the court order as a suggestion and chosen to disregard it. However, in Colorado, you can file a motion to hold your ex-spouse in contempt of court.
The type of court order violation may affect the appropriate route to enforce the order. For example, the Colorado Department of Justice explains that the court may require mediation to resolve parenting time disputes. However, the spouse in violation may also face sanctions, including fines or incarceration. There are three types of contempt of court charges. These include direct contempt, which is behavior that directly disrupts court proceedings. Additionally, civil and criminal contempt refers to failure to comply with the court order. They are meant to force compliance and punishment for failing to comply, respectively.
Additional consequences for violations of the court order relating to alimony or child support payments include wage garnishments or liens. In wage garnishment, your ex-spouse’s employer will withhold a portion of their wages, which are sent directly to you. If your ex-partner has failed to fulfill other court-ordered financial obligations, you may petition to place a lien on their assets. This ensures the property cannot be sold or transferred until that obligation is satisfied.
Making Your Case
As with any other legal situation, documentation is everything. If you have concerns that your ex-spouse is violating the court order, it is critical to begin a trail of documentation, which can include:
- Dates and forms of payments received
- Dates and times of request for payment
- Documentation regarding incidents of violation (failure to use parenting time or preventing your entitled parenting time)
Speaking with an attorney is also often a critical step to ensure you have addressed any relevant concerns and avoid any missteps that may bring the sincerity or validity of your claim into question.
Safety Concerns
Sometimes, court order violations may include threats to the safety of your children. For example, your ex-spouse is engaging in drug use during parenting time, leaving them with unsafe people when you have the first right of refusal, or domestic violence in the home around your children. If so, you may be entitled to an emergency hearing to adjust the custody agreement. These cases are often particularly sensitive because failing to follow the appropriate procedure can lead you to face accusations of violation, such as keeping your children from court-ordered visits, even though it is to protect them. These concerns should be immediately addressed with police and/or your child custody attorney.