What to do When Your Ex Does not Comply with the Court Order

By Hampton & Pigott
Posted on 7-31-2020

Couples are still getting divorced during the pandemic. If you are going through a divorce you might be wondering about the logistics of how a court order works when your divorce may be finalized. It is good to know what will happen if you or your ex does not comply with the court orders. Hampton & Pigott is a legal team that is skilled when it comes to all things divorce related. We will break down what the implications are if either party decides not to comply.

Every court order is different. It really depends on the marriage that the two of you had together. Whether it is children, a home, or something else, the court order will be specific to you and your ex-spouse. Most violations have to do with not allowing child visitation or not paying child support, but it is not limited to that. Anything that is stated in the court order that is not followed can then allow you to file a motion of contempt.

A motion of contempt is a form you fill out to the court to force your ex to comply. From there your ex will be notified about it and given a court date. This does not mean that anything will happen. If child support payments are not significant, then it is unlikely that police will show up at their door. So, keep that in mind. The court does not want to see this form filed for petty things. You want to make sure that the court will take you seriously.

Remember that they get to make a defense to your accusation. An affirmative defense can be presented in court. This means that your spouse may say that it is true that there was violation but that they had good reason for it and present proof.

However, if you go to court you need to make sure that you have proof that your spouse was aware of the court order, could comply, and intentionally violated the agreement or that they lacked a valid cause for justification. If you can prove these things then there will be either civil or criminal penalties. They may face fines, attorney fees, jail time, or compensatory visitation time.

If you need help with your divorce, then give us a call today! Hampton & Pigott is your team for any legal needs you may have.