Reviewed by Michael Colin Barrows, Esq.
Key Takeaways
- Document every violation with dates. A pattern is what persuades a court.
- Do not retaliate. Withholding parenting time over unpaid support puts you in violation too.
- Raise minor lapses in writing. Take unpaid support or withheld custody straight to your attorney.
- A willful failure to obey a support order carries up to six months in jail.
For many, going through a divorce is an incredibly complicated process. However, when everything is finalized, you may feel excited to move on to the next chapter of your life. Unfortunately, you may be unable to move forward with your life as your ex-spouse continually violates the terms of your divorce decree. If this reflects your circumstances, it’s incredibly important to understand that you do not have to endure this. The following blog explores what you should know about these matters and how a Long Island divorce lawyer can help you fight for what you are entitled to.
What Are Common Violations?
Generally, any time any term of a divorce decree is not adhered to, it warrants a violation of your divorce decree. However, some violations are more common than others. For example, one of the most common violations revolves around alimony. When one spouse repeatedly fails to pay the other spousal support as per their agreement, it can constitute a violation. Often, the paying spouse may feel like the other doesn’t deserve the funds or simply refuses to pay out of spite.
Another common violation includes child custody. If your ex-spouse continually fails to return your child on time or if they are the custodial parent and refuse to let you visit the child, it can violate the terms of your decree.
Finally, you may find that, as per the conditions of your divorce decree, you are entitled to certain property. If your spouse refuses to relinquish the property to you, it can constitute a violation. One matter in these agreements that is often overlooked is the non-disparagement provision. If the decree prohibits both parties from speaking negatively about your the other parent in front of the children, doing so will constitute a violation like any other.
What Can I Do if My Spouse Violates the Divorce Decree?
If your spouse violates the divorce decree, you may be unaware of what you can do during these matters. Generally, the first step is to try to discuss the matters with them. For example, if they are behind on alimony payments, you can contact them to request that they make the payment as ordered. However, you should do so in writing to ensure you have proof that they were contacted about the violation and had the chance to remedy matters.
This approach may suit smaller or one-off issues. For more serious violations, like failure to pay child support or withholding of custody or visitation, proceeding through an attorney is recommended.
During this process, it’s necessary to take two steps. The first is to document what occurred: write down what happened, when it happened, and what is required per the order. This helps create a dated record showing multiple events, rather than a single description of one event. Similarly, you should not retaliate. Though it can feel unfair, withholding parenting time because support went unpaid, or stopping support because your ex denied access to the children, means you will have ultimately violated the decree as well.
What Remedies Can the Court Implement?
In the event your ex fails to comply or correct their behaviors, you can contact the court and file a petition to enforce the orders. Generally, you’ll find that if your ex-spouse is in violation, the court will hold a hearing, allowing your ex to explain themselves. In some instances, they may be held in contempt of court for violating the orders, which can result in heavy fines and even potential jail time. In other cases, you’ll find that if they continue to fail to pay you alimony, the court can garnish their wages to help you receive the money you are legally entitled to.
The exposure is real. Where a court finds a willful failure to obey a support order, Family Court Act § 454 permits commitment to jail for a term of up to six months, and failing to pay as ordered is itself prima facie evidence that the violation was willful. Where the violation involves parenting time instead, a court can also adjust the custody schedule going forward.
Contact an Experienced New York Family Law Attorney
When your spouse violates the terms and conditions of your divorce decree, understanding that the law is on your side is critical. As such, you should not hesitate to connect with an experienced attorney from Barrows Levy, PLLC as soon as possible. We understand how frustrating these matters can be, which is why we will do everything in our power to help you receive justice. Connect with us today to discuss your circumstances in further detail.
