Post-Divorce and Contempt
Your divorce may have involved several types of court orders outlining how you and your ex-spouse will approach matters ranging from child custody to spousal support moving forward. Violating these orders is considered to be in “contempt of court,” which can lead to legal penalties.
If your ex-spouse is failing to comply with the orders from your divorce, speak with your attorney about post-divorce contempt and a proper course of action for addressing it.
What To Do When Your Ex-Spouse Violates Alimony or Child Support Orders
Filing for contempt of court is a serious action typically reserved for cases where other remedies have not resolved the issue. Contempt of court involves a willful disregard of court orders. This often means that your spouse had the means to pay the child support or spousal support ordered in the divorce decree, but chose not to.
A person accused of contempt of court might face legal consequences like wage garnishment, fines, or jail time. A family law attorney can advise you on whether pursuing a contempt action is appropriate based on your circumstances. In some cases, informal communication between parties may help resolve the issue without additional court involvement.
At the same time, documenting the violation of a court order is important. Keep a record and be prepared to take enforcement actions, if necessary. If your ex-spouse does not change their behavior after you speak with them privately, filing for contempt of court may be necessary to stay ahead of the problem rather than waiting for additional incidents to occur.
What If Your Spouse Refuses Custody Exchanges?
Violating custody and visitation orders could also be an example of post-divorce contempt. If your ex-spouse is refusing to meet for custody exchanges, is consistently late to drop-offs, or is violating other major elements of custody orders, your attorney can advise you on your next steps.
Understanding the reason for a custody order violation is important in assessing whether contempt occurred. If your ex-spouse had the ability to meet on time for the exchange and had no legitimate excuse for being late, you may have a case for filing a contempt motion.
Modifying Family Court Orders To Fit New Circumstances
In some cases, a divorce decree violation occurs because one party can no longer meet the original terms of the court order. For example, perhaps your ex-spouse violated child support obligations due to a change in their employment status. Alternatively, maybe they missed the designated drop-off time because their work schedule has changed.
Talk to your attorney about whether the new circumstances warrant a petition for modification of the court order. This would start the process of adjusting the order to reflect the new circumstances.
Seek Legal Help With Post-Divorce Contempt
It can be challenging to determine when to file a motion for contempt of court after your ex-spouse has violated your divorce decree. Your attorney can provide legal guidance.
Karen Ann Ulmer, P.C., represents Pennsylvania and New Jersey clients navigating divorce and family law matters. Request a confidential consultation today by calling (866) 349-4721.
