How a Family Lawyer Can Help Enforce a Divorce Decree
What To Do When Your Ex Doesn’t Follow The Divorce Decree In Arizona
A divorce decree is usually the final word on where things stand between you and your ex after your divorce. It outlines the division of your property, how you will share custody of your children, who will pay child support or spousal support (if any) and how much, and so on. In most cases, the decree is issue, the changes are made, and life goes on that way until a modification has to be made for one reason or another.
But sometimes, one person decides that they just aren’t going to do what has been ordered. Maybe they are refusing to sign the Quit Claim Deed to hand over the house to you, or maybe they are refusing to let you pick up the kids when it’s your weekend with them. Whatever the issue is, you need to get a Tucson family lawyer in to help you.
Common Ways People Disobey a Divorce Decree
A divorce decree can encompass a lot of different issues, so there are a lot of ways that people can flout these orders. Some of the most common ways that people disobey divorce decrees include:
- Property division. The court may rule that you get to keep the house in the divorce, but your ex may not actually sign over the deed. Or you may sell the house and split the money, but your ex may hold out on other aspects of your property division, such as cutting you a check for half of the retirement account. Sometimes, your ex may act like they are going to comply, but they just delay as long as possible – usually until you threaten legal action.
- Child custody and visitation. Perhaps most often problematic are issues of child custody and visitation. Your ex may refuse to bring the kids back, refuse to let you pick them up as scheduled, or refuse to adhere to other aspects of your agreement, such as holidays or vacations.
- Child support and spousal support. In many cases, child support and spousal support can be set up to automatically come out of the paycheck. However, if this has not been done, you will have to rely on your ex cutting you a check, and they may decide not to do that some months (or at all), or they may send it in late or may send you less than you are owed.
If your ex is not adhering to any aspect of your divorce decree, you have a right to legal recourse, and a family lawyer can help you understand your options. Sometimes, just letting your ex know that you will be taking legal action will be enough to see results. If not, talk to a Tucson family law lawyer.
Consequences for Disobeying a Divorce Decree
When you contact a Tucson family attorney about your ex disobeying the divorce decree, the first thing your lawyer is likely to do is send a strongly worded letter urging compliance and warning about potential consequences. If the letter does not produce results, you will need to prepare to take your case before a judge. You should collect any evidence you have available, such as text messages, emails, or voice mails. You will need to prove that your ex has not been following through on the decree. Your attorney can advise you on what would be persuasive evidence and how to get it.
If the judge rules against your ex, some potential consequences can include:
- A fine
- Accounts being frozen
- A lien on a business or property
- Revocation of a driver’s license, passport, or professional license
- Wage garnishment
- Withholding of a tax refund
- Being found in contempt of court
If your ex is found in contempt of court, they could be ordered to pay a hefty fine or spend time in jail. If your ex is violating portions of the decree related to your children, it could justify asking for a modification of your child custody or visitation order.
You have options to get your ex to comply if they are not abiding by the divorce decree. Do not resign yourself to having to fight with your ex forever. Hire a good family lawyer in Tucson and let the courts settle the matter. You have legal rights, and there are consequences for your ex if they do not follow the court’s order.
Call Experienced Family Law Attorneys In Tucson, AZ
Call My AZ Lawyers today if you are dealing with an ex who isn’t following some part of your divorce decree or child custody order. Our experienced family lawyers are committed to helping you protect your rights. They can help you understand your rights, as well as the best options for getting the outcome you desire. They will fight to help you get what the original court order granted, as well as any redress if appropriate. Call My Az Lawyers today to schedule a consultation with an experienced family lawyer and learn more.
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