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Enforcing Divorce Decrees
Answers From The Expert

Unfortunately, enforcing divorce decrees is an ongoing process for some people.  From having to take an ex back to court for contempt proceedings, to enlisting the help of child support services, it sometimes seems like the conflict will never end.  If you find yourself battling your ex to comply with the divorce settlement, he following suggestions on enforcing divorce decrees may help.

How can I get my ex to move out after the divorce?

Phyllis' Question: I have been divorced for six months. The judge gave my ex-husband 15 days to move, but he is still in the house. I asked him to leave many times and he will not leave. I called my attorney and he stated that there is nothing I can do about this. I am ready to move on with my life. How can I make him move out?

Brette's Answer:  If you have a court order stating you have exclusive residency, you can call the police and have him removed. If not, go back to court and file for a violation and this time get it in writing.

Topic: Not paying as agreed

Deborah's Question:  In our divorce settlement, my ex was ordered to pay me $400 a month and keep the insurance current. Now I may lose the house because he hasn't paid me.  He hasn't done anything that the judge ordered, and our paperwork isn't even back from the lawyers yet.  I was told that I should ask to talk to the Judge.  What should I do?

Brette's Answer:  You need to contact your attorney and have him or her file for a violation of the court order. The judge will likely give him another chance, and after that will start imposing penalties. If you don't have an attorney, talk to the clerk's office and ask them how to file this paperwork.  » Return to top

Is an agreement made after the divorce enforceable?

Lisa's Question: After our divorce, my ex promised me $200.00 a week, in addition to $1000 alimony for the rest of my life if I would help him and the kids. What can I do if he hasn't held up to that agreement?

Brette's Answer:  The terms of your divorce judgment are what you are entitled to. Agreements you make afterwards are not enforceable.  » Return to top

What can I do if he didn't remove my name from the mortgage?

Linda's Question: When I divorced 5 yrs ago, the decree stated that he needed to remove my name from the mortgage and certain credit cards. He did not take my name off two of the credit cards and the mortgage. He now has gotten ill and has stopped paying them. He is also behind about 5000.00 in child support. I am being told that I am responsible for these things even though my divorce says otherwise. I appreciate any help I can get.

Brette's Answer:  You need to go back to court for violations to your order. You can obtain judgments against him, but enforcing them is another thing if he has no money. Talk to an attorney who can look at the entire picture. Good luck.

Topic: Can I have them removed from the marital home?

Deborah's Question:  My ex husband and I divorced 2 months ago.  After I moved out of the marital home, he moved his girlfriend and kids in.  They have been a horrible influence on the ex, contribute nothing to the home, and don't even work. I have not received my settlement yet and these people are residing in the marital home and were residing there even before the divorce went through. Can I in some way appeal the divorce agreement, have them removed from the home or something.

Brette's Answer:  If the court has issued a judgment or you have officially signed a settlement which was approved by the court, then your ex is in contempt for failing to meet his financial obligations under that settlement. You need to talk to an attorney and take threaten to take him back to court if he does not comply with the court order. The girlfriend and her family have nothing to do with your settlement or order, unless you've been given possession of the home. Good luck.  » Return to top

Related Articles:
The Divorce Process
Modifying Divorce Decrees
Also see:
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Ask the Legal Expert a question

Brette Sember is a former family and matrimonial attorney and mediator, nationally recognized expert, and author of many books including The Divorce Organizer & Planner, No-Fight Divorce, and How To Parent With Your Ex. For more information about Brette, see www.BretteSember.com.

This column provides general information about the various aspects of divorce.  It is not intended to take the place of legal counsel and should not be considered personal legal advice.  For specific recommendations concerning your situation, please retain experienced legal counsel.  WomansDivorce.com and Brette Sember disclaim any liability from any claim arising from any information contained in this column. This column is not a substitute for legal advice.

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