Enforcement of Decree Attorney Chesterfield MO
Does your ex-spouse continually disregard important provisions of the Divorce Decree? A Divorce Judgment is a Court Order enforceable by either party. If Child support is in arrears, a Motion to Determine Amounts Due and Owing can be filed by the party not receiving court ordered child support. Once the Amount Due and Owing is adjudicated, the Court will order compliance by a certain date. If the offending party fails to comply, a Motion for Contempt may be pursued. There are various tools the Court may utilize, including incarceration, until compliance results.
Enforcing the Terms of a Decree
If a party was ordered to complete a specific act and fails to do so according to the terms of the Decree, an Order to Show Cause can be issued by the Court compelling the offending party to come to Court and show cause why they shouldn’t be held in contempt of Court.
Mark Harford recommends you keep a detailed journal of non-compliance and document your attempts to resolve the non-compliance. The facts are important in determining the next steps to enforce compliance. Often the Court will award the moving party their reasonable attorney’s fees and costs of bring the action.
The relief a party demands will depend on the specific provisions of the decree and the divorce decree one is trying to enforce. Enforcement motions often seek contempt remedies. Courts may order both civil contempt and criminal contempt. If a party asks for a sentence of more than six months, then the individual is entitled to a trial by jury.
Civil contempt orders entail the court holding an individual in contempt with a suspended sentence until they comply with the order. Parties asserting motions for enforcement can also ask for other remedies including monetary damages.
The Benefits of Retaining Legal Counsel
Retaining an attorney will help you throughout the entirety of your legal matter involving the enforcement of a divorce decree. You may have never been involved with the legal process involving the enforcement of a divorce decree. Therefore, you can benefit from attorney-client privilege and attorney-client confidentiality if you retain legal counsel.
Attorney-client privilege and attorney-client confidentiality will help you determine which communications you want to remain confidential. Having this level of privacy and protection will help you develop an effective case strategy with your attorney. You will also benefit by having a legal advocate who can assert your legal rights. You do not have to take care of every aspect of an enforcement of a divorce decree by yourself.
Contact Law Office of Mark Harford Today to Schedule a Free Consultation
We have years of experience representing clients in enforcement of decree matters. You may feel overwhelmed and frustrated if you are having problems forcing an ex-spouse to adhere to the provisions of a divorce decree. Contact us today to schedule a free consultation during which we can discuss the facts of your case.
You can benefit from understanding all the legal options available to you. Reach out to us today so you can enforce your legal rights and make sure that another party is following the provisions of a divorce decree.