What Happens if My Ex Does Not Comply with the Divorce Decree?
When your divorce is finalized, you will receive what is called a divorce decree. A divorce decree is a legal document that formalizes the end of a marriage. It outlines legally binding terms that include final decisions on child custody, child support, alimony, property division, name changes, financial decisions, and more.
Everything included in a divorce decree is legally enforceable. That means that if someone fails to do something outlined in the document, then the court can take legal action. Depending on the situation, the court may impose penalties like fines, wage garnishment, or even jail time for the non-compliant party. Non-compliance can cover issues like failure to pay child or spousal support, not dividing property as agreed, or not following custody and visitation orders.
If your spouse does not comply with the divorce decree, here are the steps you can take to enforce it.
Document the Non-Compliance
Keep detailed records of every instance of non-compliance. This includes unpaid support payments, missed visitation, or failure to transfer property as ordered. Provide evidence demonstrating your ex-spouse's non-compliance with the decree, like documented records, communication logs, or witness testimonies.
File a Motion for Contempt of Court
A common way to enforce the decree is by filing a motion for contempt of court. This request asks the court to determine if your spouse has violated the order, which is considered contempt. If the court agrees, your spouse may face penalties like fines or, in severe cases, jail time.
To file a motion for contempt of court, it is highly recommended to consult a family law attorney to assess your situation and guide you through the appropriate legal steps to enforce the divorce decree. You will need substantial evidence (as stated above).
Request Wage Garnishment
If the issue is unpaid child or spousal support, you can request wage garnishment. This means a portion of their wages will be withheld directly by their employer and sent to you until the debt is paid.
Seek Property Liens or Asset Seizure
For financial obligations, you may also request liens against their property or even seizure of assets to cover what is owed.
Modify Custody or Support Agreements
If your spouse’s non-compliance involves custody or visitation, you can ask the court to modify the custody agreement if the violation negatively impacts your children.
Contact Law Enforcement
In extreme cases, such as when the decree involves a specific action like the return of children or possession of property, local law enforcement may be able to intervene.
Contact Us Today
A divorce decree is a legal document. Both spouses need to follow the decree, or else they can face penalties such as asset seizure and wage garnishment.
Need help? Contact Texas family law attorney John Powell III, P.C. We understand the laws and can protect you legally and financially. We can help enforce orders. Fill out the online form or call 832-850-6095 to schedule a consultation.