If you think you’ll be going through a divorce, your best case-scenario is that both parties come to an agreement that’s fair to both parties, then you and your spouse move on and rebuild your respective lives. But we all know that, sometimes, that doesn’t happen, and someone doesn’t live up to the agreed upon terms of a divorce or separation agreement. What happens then?
Remember that divorce agreements are enforceable contracts. If someone doesn’t live up to the contract, they’re considered to be in breach of it and the party that’s been harmed can proceed an action to enforce the terms of the contract. That concept is also known as post-divorce enforcement.
One unique remedy for violation of a divorce order is for the offending party is held in contempt of court, if they can be shown to have done so willfully. Once that happens, the court can fine them a certain amount of money or impose sanctions including incarceration. The court has very broad discretion in determining a proper remedy that will force the offending party to do the right thing, such as forcing them to pay an amount of money due plus interest, or put them in jail for non-payment of support.
However, the process of post-divorce enforcement can be complex, and having the right attorney who knows how to effectively navigate the legal system is critical. In a case like that, partner with TATE BYWATER for all of your family law needs. Our experienced team of attorneys can provide you with expert legal guidance, to evaluate whether or not a violation is truly blatant and proceed with appropriate enforcement or defenses as the case may be.