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
Could he get fired if I take him to court for contempt?
Ileana's Question: My ex husband is in contempt of our divorce settlement agreement. I told him that I was going to court for that and he is telling me that "He could loose his job" and it will be worse for me...What's your advice on this?
Brette's Answer: He can't be fired just because he isn't complying with his divorce decree. Missing work to go to court is another story entirely however.
Is enforcement possible if I used small claims court first?
Diane's Question: I was unaware of decree enforcement and took him to small claims court. It did not go well, and the case was dismissed with prejudice without even being heard. Is enforcement still an option?
Brette's Answer: Yes just file a petition in family court for enforcement or violation or whatever they call it in your state.
Can he just decide to stop making payments after all this time?
Naomi's Question: In the divorce agreement, my ex-spouse agreed to pay me 1/2 of his pension payment. He has been making steady payments for several years. Today, 18 years later, he is refusing to make any further payments, stating that he agreed to pay the amount to help me get on my feet and now he will no longer pay it. Can he do that? What are my options for forcing him to continue with the payments?
Brette's Answer: If there is no time limit or other restriction in the order, he is still required to pay it. You can file a petition for a violation so the court can compel him to pay.
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
Can a divorce agreement be enforced if the spouse dies?
Annette's Question: Can anything be done to enforce a divorce after death if the spouse was in contempt to pay the other spouse money on the sale of their portion of a house?
Brette's Answer: The estate of the deceased is then responsible. Good luck.
Related Articles:
The Divorce Process
Modifying Divorce Decrees
Also see:
More questions and answers
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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