A divorce decree is an enforceable order of the court. You must follow what it tells you to do. Both spouses are obligated to follow everything within it. If one party fails to follow through with their obligations, they could face several different sanctions. Penalties could include fines, payment of attorney fees, or even jail time. It could also lead to additional hearings and modification of the order in ways that you do not want.
The family law attorneys at Mark Harford Law help you with your divorce case and issues with the divorce decree. Whether you face a contempt action, or need help enforcing your current divorce decree, we are ready to stand with you. Get in touch today to learn more.
Why Compliance With the Divorce Decree Matters
Your decree tells each spouse what their obligations are after the end of the marriage. This can include provisions such as:
- Child custody and parenting time
- Child support and spousal maintenance
- Division of marital property and debts
- Transfer of titles or ownership documents
Ignoring what the decree says is not an option. It undermines the authority of the court and can have other negative impacts. Courts will take violations very seriously, especially if they are purposeful.
Penalties for Violating a Divorce Decree
1. Contempt of Court
Contempt of court is a very serious potential penalty. It occurs when a person willfully chooses to disobey a court order. Contempt can be either civil or criminal, but the distinctions between the two are legally complicated.
What is more important to understand are the penalties you could face for contempt. You could face jail time, financial penalties, and much more.
2. Fines and Financial Sanctions
Courts can use fines if you are found in contempt of court. Fines could result in wage garnishment, property liens, and other penalties if you refuse to pay them.
3. Jail Time
A person can even face a jail sentence for failing to follow court orders. This is usually reserved for more extreme cases, or where a person repeatedly fails to follow court orders despite other prior penalties.
4. Modification of Custody or Support
Custody and support obligations are two areas where contempt commonly happens. If a person continuously fails to follow court orders about custody, it may justify changing the decree, usually to the detriment of the non-compliant party.
Refusal to pay ordered child support or spousal support can also result in a contempt finding. This may have very negative penalties imposed for continued violations.
5. Enforcement of Property Division
The divorce decree sets forth how property should be divided. If it orders a spouse to pay another or transfer property in some way, the court will enforce its orders.
Common Scenarios of Non-Compliance
Any violation of the decree could be considered non-compliance, but a few scenarios are the most common:
- Failure to pay child support
- Refusal to pay spousal maintenance
- Refusing to allow visitation
- Interference with custody exchanges
- Ignoring property division orders (e.g., not transferring a car title)
- Withholding retirement account distributions ordered by the court
Each violation can trigger different enforcement mechanisms, but all carry the risk of contempt proceedings.
How Can I Enforce My Missouri Divorce Decree?
If your ex-spouse refuses to do what the court ordered, you can:
- File a Motion for Contempt: This motion asks the court to hold the other party responsible and punish them for their failures to comply.
- Seek a Qualified Domestic Relations Order (QDRO): If the issue is dividing the retirement account, a QDRO can help get things going correctly.
- Request Wage Garnishment or Liens: Liens or wage garnishment help hold the other party accountable for the amounts they owe you.
- Ask for Custody Modification: If the violations somehow hurt the children, you can seek modification of the current custody arrangements.
Get Help with Divorce Decree Enforcement Actions in Illinois
The divorce decree is a binding order. Both spouses are required to follow it. Whether you need help enforcing the decree against your former spouse, or need help defending yourself in court for alleged violations of the order, we are here to assist you. A negotiated resolution or even approved decree modification can help.
Let the dedicated family law attorneys at Mark Harford Law help you. Contact us today for a consultation.