During the divorce process, there are certain steps that need to be taken before the divorce can be finalized, and the couple are no longer considered spouses. At the end of it all, the couples will have a finalized divorce agreement by which they must abide. This agreements sets forth certain factors that may affect the two parties long after divorce, such as property division, child support, child custody, and spousal support or maintenance. These are all things that must be decided on during the divorce and are considered legally binding by the court once the divorce is final.
It is the responsibility of each party to make sure they follow the divorce orders completely or they may be considered non-compliant with the agreement. This occurs when one party refuses to pay the other spouse support or they don’t follow through with the custody and parenting time arrangements. When this does happen, it is important to understand what options you may have and what you can do to enforce these orders. At Family Law Advocacy Group, our San Bernardino divorce attorneys are equipped with the necessary knowledge to help you deal with non-compliance in divorce cases.
Non-Compliance in Child Custody
When a couple has children and they decide to divorce, child custody often becomes one of the most contentious matters as it deals with how much time each parent gets to spend with the children, as well as where they are going to live. In most cases, the court will make their decision based on the best interests of the children. The parents must follow these standards, but if they don’t, the court may take action against the non-compliant parent. For instance, if the non-custodial parent doesn’t pick up the children regularly for their time, they may face an increase in child support because they are not spending as much time with their children. This is also the case if the custodial parent withholds visitation time.
Non-Compliance in Child Support
It is the duty of both parents to provide financial support for the child. In many divorce cases, the non-custodial parent will be ordered to pay child support to the custodial parent in order to care for the children and pay for certain things. When the payor fails to provide support, they can face a contempt action by failing to adhere to the court order. This means the court can take various actions against the non-paying party to collect the support payments or to penalize the party for non-compliance. This may include garnishing the wages of the payor, a jail sentence, and more.
Non-Compliance in Spousal Support
Committing contempt can carry both civil and criminal penalties. When one party fails to pay spousal support, the court may seek a wage garnishment, payment for attorney’s fees, fines, and a possible jail sentence. These are all done to convince the payor that paying the support is the best option and avoids any trouble in the long run. Prior to a contempt action, though, the court may issue the non-compliant party an ultimatum, warning him or her about the possible consequences if they continue to violate the divorce order.
Before you decide to take action against a non-compliant party, you need to take necessary steps to prove that the party is in contempt of the court order. This means you must show the party knew of the order, had the necessary ability to comply with the order, they knowingly violated the order, and they lack a reasonable excuse for the violation. In order to prove this, your best option is to read your order carefully, reach out to a lawyer, give the ultimatum, file the contempt action if necessary, and attend the hearing.
If your ex-spouse is not complying with the court order after a divorce, you may be able to take action. Call our San Bernardino divorce Attorney at Aruna P. Rodrigo, Family Law Attorneys to better understand your options when dealing with non-compliance. Our team can explain the necessary steps for you to take in order to hold your ex-spouse in contempt and force actions to either have them comply or allow them to face the penalties. We are dedicated to making sure your rights are protected after a divorce. Schedule your free consultation and we can walk you through the entire process and offer you the information you need to take the next steps forward and seek a favorable resolution in your case.