All too often at the DiPietro Family Law Group, we hear of ex-spouses violating court orders or court-ordered agreements. “He hasn’t paid child support in three (3) months,” or “she always drops the kids off two (2) hours late.”
Ideally, everyone would follow through and adhere to the obligations outlined in a court-ordered agreement. Unfortunately, the reality is that this is not always the case—especially with family law agreements and court orders.
Obtaining a court order or court-ordered marital settlement agreement is only the first step in resolving your family law issue. The second step is ensuring that the order or agreement is properly enforced. If not enforced, the agreement is merely a piece of paper. Here are steps you can take to ensure your agreement or order is followed:
1. Specific Enforcement Provisions
When composing a settlement agreement or parenting plan, ensure it contains specific provisions that allow for consequences in case of non-compliance. One common clause requires the violating party to pay the other side’s attorney’s fees if they have to go to court to enforce the agreement. This can serve as an effective deterrent against violations.
2. Incorporation
To enforce a family law agreement, it must be incorporated into a court order. This is a straightforward process your attorney can handle for you. Once the agreement is incorporated, it carries the full force and effect of a court order. A violation of a court order is more severe and easier to enforce than a breach of contract.
3. Attorney Letters
Before pursuing time-consuming and costly litigation, consider having your attorney write a warning letter to your ex-spouse in violation of the court order or agreement. Your attorney can draft a carefully worded letter citing the violation, demanding compliance within a specific timeframe, and outlining potential legal actions if your ex does not comply.
4. Contempt Proceedings
If your ex-spouse does not respond to attorney letters, you can seek an order to show cause from the court. This is a serious legal step, and if your ex cannot provide a legally justifiable reason for the violation(s), the court has the authority to impose penalties, including fines and jail time.
5. Modification of Court Order
If all else fails, modifying the court order or agreement may be necessary. However, this process generally requires proving that there has been a significant change in circumstances. You will likely need to show repeated and serious violations to obtain a modification.
The Importance of Legal Assistance
Before reaching a marital settlement agreement with your spouse, you should always, at a minimum, have your attorney review it before signing. Your attorney will ensure that proper enforcement provisions are included, guaranteeing the order is enforceable.
If your former spouse is violating a court order or agreement, you should hire a family law attorney immediately. The knowledgeable family lawyers at the DiPietro Family Law Group have decades of experience representing clients in all types of family law matters, and we are here to help you.
