Life after divorce can be challenging enough without having to deal with an ex-spouse who isn’t following the court’s orders. Whether you’re struggling to receive promised child support payments or facing constant disruptions to your parenting schedule, it can feel overwhelming and frustrating.
When a person goes against these court-ordered obligations, you may have grounds to pursue a post-decree contempt action. This allows you to ask the court to enforce its original orders and hold the non-compliant party responsible for violating the terms of the divorce decree.
What are the grounds for a contempt action?
For the court to find someone in contempt, three key elements must exist. First, the person must have known about the court order. Second, they must have had the ability to comply with it. Finally, they must have willfully chosen not to comply. “Willfully” means they deliberately chose not to follow the order, not that they were unable to do so due to circumstances beyond their control.
Grounds for a contempt action can include:
- Not paying child support or alimony even though they have enough money to do so: They might skip payments despite having a steady job and income, which can create financial stress for you and your children.
- Breaking the court-approved parenting schedule: They might regularly bring the children home late, cancel visits without warning or prevent you from spending your court-ordered time with the children.
- Refusing to hand over property or assets the court ordered them to give you: This might include not signing documents to transfer a house title, keeping shared investments or blocking the sale of property that should be divided between both parties.
- Blocking communication about children: They might refuse to share medical records, school reports or details about significant events in your children’s lives. They might also make major decisions about the children without consulting you.
If the court ordered a person to pay $800 monthly in child support but hasn’t made any payments despite having the ability to pay, this could be grounds for a contempt action. However, if they lost their job and genuinely cannot afford payments, this might not qualify as willful non-compliance.
Know your options
Dealing with post-divorce complications like these can be difficult. A family law attorney can help you understand your rights and determine whether legal action might help resolve your situation.