If a divorce decree is being violated, it may be tempting to try and force your ex-spouse to comply with the terms of the agreement. However, the best remedy for the suffering spouse is to go to court as soon as possible with an experienced attorney on their side.
Examples of Contempt of Court in Divorce
Some of the most common violations of divorce decrees include:
- Failure to pay child support
- Failure to pay alimony
- Interference with court-ordered visitation
Violation of a decree can result in being held in contempt of court. Since a divorce decree is a court order, only the court has the power to modify it, and parties to the agreement cannot do so unilaterally.
How to Report a Violation of a Divorce Decree
To report a violation, the court clerk can provide you with the necessary forms to cite a violation of the divorce decree. The party filing a motion for contempt has the burden of proof, so you will need to gather evidence strong enough to persuade the judge to grant relief.
After filing the paperwork and serving your ex with a copy of the contempt motion, a hearing will be scheduled. At the hearing, the judge will likely issue an order demanding that your ex-spouse comply with the terms of the divorce, usually with a time limit for compliance. This is also the stage where any evidence you have gathered will be submitted to the court.
Consequences of Non-Compliance
If your former spouse continues to violate the terms of divorce, you must file a second motion with the court along with a copy of the divorce decree and the most recent court order. This time, the judge may sanction your ex-spouse, including holding them in contempt of court, which could result in jail time. The threat of jail time is not meant to be punitive but is designed to bring about compliance.
There are certain circumstances in which a court may hold an ex-spouse in contempt without jailing them, such as:
- The lack of anyone able to care for their dependent children
- Physical or emotional disabilities
- The risk of losing their job if jailed
Other sanctions may include requiring your ex-spouse to pay your court costs or modifying the current parenting plan, which could reduce child visitation time. All sanctions are aimed at enforcing compliance with the divorce decree.
Get Help from Legal Professionals
Divorce is difficult enough without having to deal with a former spouse who refuses to adhere to the agreed-upon terms. An experienced divorce attorney can help you enforce your rights in an acrimonious situation. The experienced Fairfax divorce attorneys at DiPietro Family Law Group are ready to help those in Northern Virginia facing issues related to divorce. Contact us today by calling (888) 530-4374 to schedule a consultation.