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If your ex isn’t following what is outlined in a decree or court order, they may be found in contempt. If a former spouse isn’t abiding by financial orders, you may be awarded a judgment, upon which you can execute assets of the non-complying individual.

Take Steps Before Taking it to Court

Although it can be aggravating when your ex is not abiding by your Decree, there are steps we recommend before taking the matter to court.

  • Communicate:
    • We encourage you to make several attempts to work with the other party to make arrangements. What may seem like an intentional action on the opposing party’s side could be an honest mistake. If there is a late payment or an instance of missed parent time, we encourage you to discuss it with the opposing party to try to make arrangements. If possible, these communications should be documented somehow so you can evidence your intentions to a judge if needed.
  • Document:
    • If you have made the effort to correct the action and the opposing party is still not abiding by the order or decree, you may need to start documenting the items of your decree they are not abiding by. It may seem tedious, but keeping a log of complications you’ve encountered can be very beneficial to your case.
  • Ask Yourself:
    • Is there anything you haven’t been abiding by? If you are preparing to let the court know the opposing party is in contempt, be prepared to have the opposing party take a hard look at how you have been following your Decree.
  • Mediation:
    • Double check your court orders to determine if you are required to mediate the issue. Often, courts will require you to mediate the matter, even if it’s not in your decree. We regularly participate with our clients at mediation and have a great track record in helping our clients reach a resolution. For more information on mediation, click here.

Once you have made an attempt to work with the opposing party, and have documented items the opposing party is in contempt of, you may need to notify the court that the party is not following the Decree or Order. The results of a contempt action vary depending on the situation. (Some Decrees include verbiage with special arrangements for parent time and child support, which may affect whether the opposing party is in contempt.) Contact Burton Law Firm if you would like more information on contempt, or help to deal with an ex who is not following a decree.

Disclaimer: Using this site or communicating with Burton Family Attorneys through this site does not form an attorney/client relationship. This site is legal advertising only. Do not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services providers. If you have any specific questions about any legal matter, you should consult your attorney or professional legal services providers.