When you and your spouse go through a contentious divorce, it can feel like the weight of the world is lifted from your shoulders when the divorce decree is finalized. However, as you may soon learn, your spouse may not agree with the terms and conditions of the divorce decree and may violate the orders in place. If this occurs, you may wonder what your legal options are. The following blog explores what you should know if your ex violates the divorce order, including why it is in your best interest to connect with an experienced Nassau County divorce lawyer to help you fight for the justice you deserve.
What Is the First Step I Should Take if My Ex Violates the Divorce Order?
In general, when your ex-spouse violates a divorce order, it can be incredibly frustrating and upsetting. However, it is important to understand that you should avoid seeking revenge or retaliating. Doing so will only reflect poorly on you, as you will technically be in violation of the order. As such, you should document the violation for your own records.
If the violation is smaller, you may want to initiate written communication with your ex regarding the violation. If this is the case, you should keep the communication polite and professional. You should avoid having this conversation over the phone or in person, as an email or text message can show proof that you informed your ex of the violation.
However, for more serious violations, like failure to make child support payments or withholding custody or visitation, you should immediately contact you attorney. Your lawyer can help you file a motion with the court to enforce the orders.
What Violations Are Most Common?
While violations can vary based on the unique circumstances of your divorce order, generally, the most common violations center around domestic support obligations and child custody. Many spouses who are ordered to pay alimony or child support may feel that it is unfair or the amount ordered by the court is too high, and thus may make the decision to withhold payments. Similarly, some parents may intentionally impede the custody schedule as a means of punishing the other spouse for perceived wrongdoing.
However, you may find that a spouse also fails to relinquish control of certain assets as ordered by the court, which can also constitute a violation of the divorce order.
Finally, if you have children, you and your spouse may be ordered to refrain from speaking negatively about your ex in front of the children. Unfortunately, this violation is also common.
What Penalties Can They Face?
In the event that your spouse is not cooperating with the orders implemented by the court, the court may hold your spouse in contempt for refusing to abide by an order. You’ll find that the court will often fine a non-cooperative party, but they can also garnish wages for unpaid support, modify a custody schedule, and, in severe instances, jail a willfully uncooperative spouse for up to 90 days.
As you can see, when an ex repeatedly violates the court orders in place, it can be overwhelming and stressful. That is why it’s in your best interest to connect with an experienced attorney with Barrows Levy PLLC to help fight for you and your family. When you need help, contact us today.
