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October's LawTip
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November's LawTip
Question:
My ex-spouse is not following the court-ordered terms of our divorce.
What can I do?
Answer: The first step is
always to try to communicate with your ex, particularly if it is
a minor infraction of the court's order. Quite often a strong letter
from an attorney will make your ex realize that you take this matter
very seriously and are going to make sure the court order gets enforced.
For more serious violations of
the court order, and after communication efforts have been exhausted,
you can file a Motion for your ex to Show Cause why he/she should
not be found in Contempt of Court. Once the court receives this
motion, it will set a hearing. Your ex will be required to attend
the hearing and show good cause for violating the court's order.
If the court finds that your ex does not have a good reason for
violating the court's order, then the court will most likely find
your ex in contempt of court. Contempt of court is punishable by
fines, court costs, and possible jail time.
Even though your ex is violating
the terms of the court's order, you should not retaliate by failing
to follow the court's order. For example, if your ex stops paying
child support, you should not stop sending the children for visitation.
These actions could cause you to be held in contempt of court as
well. There is a legal way to enforce court orders, and you should
not take matters into your own hands. It will only make things worse.
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