Know Your Options to Ensure Compliance
If your ex-spouse is not following the terms of your divorce decree, you may be wondering what you can do about it. Unfortunately, when spouses disobey a divorce decree, it can lead to all sorts of problems. The good news is that there are steps you can take to enforce the decree and get your spouse back in line. In this blog post, we will discuss what you can do if your former spouse is not following the terms of your divorce decree.
Seeking Enforcement of a Court Order
If you have a court order, such as a divorce decree, and the other person is not following it, you can take steps to secure enforcement of the court order.
You will need to file a "Contempt" action with the Court. The Court may find the person in contempt of court and impose sanctions (such as ordering make-up parenting time or ordering the payment of attorney's fees). If you have an order and the other person is not following it, you should speak with an attorney.
Filing a Contempt Action
If you have a court order and the other person is not following it, you can file a contempt action. The first step is to file a Motion for Contempt with the Court. The Motion for Contempt will state that the other person is not following the court order and ask the Court to find the person in contempt of court.
The next step is to serve the Motion for Contempt on the other person. This means that you must give them a copy of the Motion and a Notice of Hearing. The Notice of Hearing will tell the other person when and where to appear in court.
At the hearing, you will need to prove to the Court that the other person is not following the court order. You will do this by presenting evidence to the Court. For example, if the court ordered that the other person pay child support, you will need to show the Court proof that the other person has not made the payments.
After you present your evidence, the Judge will decide whether or not the other person is in contempt of court. If the Judge finds that the other person is in contempt, they may order them to make-up parenting time or pay attorney's fees. The Judge may also order the person to go to jail.
Seek the Help of an Attorney
If you have a court order and the other person is not following it, you should speak with an attorney. They can help you evaluate your situation and determine the best course of action. At Drexler Law, we can help you ensure that your former spouse is following the terms of your divorce decree and that your rights are protected.
Learn more about enforcement in Colorado or schedule a consultation by calling us at (719) 259-0050 or by visiting us online.