When your divorce case finally closes, you may feel as though the weight of the world has been lifted from your shoulders. However, you may not enjoy this stress-free time for long, as your spouse may violate the terms and conditions established in your divorce decree. It’s imperative to understand your legal options if this reflects your circumstances. The following blog explores what you should know about holding your spouse accountable and the importance of working with a Nassau County divorce lawyer to fight for the justice you deserve.
What Divorce Decree Violations Are Common?
It’s important to understand that any action that goes against the previously established terms of your court-ordered divorce agreement constitutes a violation. However, some violations are much more common than others.
One of the most common violations you may be subject to involves late or missed alimony payments. When you and your spouse divorce, if you are awarded alimony, your ex may disagree with the amount because they do not feel that you spouse deserves these funds. Unfortunately, this can lead to the paying spouse withholding payments. If this occurs, as the recipient party, you can file a motion with the court to enforce these orders. Often, this means your spouse can be held in contempt of court for refusing to pay or have their wages garnished to ensure you get the funds you are entitled to.
Another common violation revolves around child custody. Much like alimony, one spouse may disagree with the court’s decision to divide custody a certain way. As such, they may repeatedly violate the divorce decree by failing to pick up or drop off the child on time or, if they are the custodial parent, refuse to grant court-ordered visitation, which can constitute a violation.
What Are My Legal Options if a Violation Happens?
When your ex repeatedly fails to adhere to the court-ordered divorce decree, it can be incredibly frustrating. However, it’s imperative to understand that you have legal options when this happens. Generally, the first thing you’ll need to do is file a motion with the court. Once filed, the court will hold a hearing in which you and your spouse can present evidence. The court will then issue a decision on the matter. They may be held in contempt of court, which can carry hefty penalties and even the potential for time spent behind bars. If the matter revolves around alimony, they can be ordered to pay the full amount owed. If the violation regards custody, the court can alter the arrangement as a result.
An ex-spouse violating the terms and conditions of your divorce decree can be incredibly frustrating. Though you may be tempted, retaliating against your spouse is not in your best interest. Instead, you should connect with an experienced attorney from the Law Offices of Jay D. Raxenberg, P.C. Our team understands how overwhelming these matters can be, which is why we are committed to fighting for the best possible outcome for you and your circumstances. Contact us today to learn how we can represent you.
