How Do You Enforce a Divorce Court Order?
A common worry for people who are getting divorced is: “What happens if my ex-spouse doesn’t follow the divorce court’s order?” Or, in other words, how do you enforce a divorce court order?
Read on to learn how we address these issues in Connecticut.
Motion for Contempt
The primary means to enforce the divorce court’s orders is via a Motion for Contempt.
Generally speaking, the court doesn’t patrol when people are following its orders, which means you affirmatively need to bring the problem to the court’s attention. We do this by filing a Motion for Contempt. A Motion for Contempt seeks that the court rule that your spouse was in contempt and order your ex to follow the court order.
A Motion for Contempt requires a specific burden of proof to be met by the requesting spouse. In order for the judge to make a finding of contempt, you will need to show by clear and convincing evidence (1) that there is a clear and unambiguous court order, (2) that the order has been violated, (3) that the party who violated the order acted willfully, and finally, (4) you must clearly explain the relief you are seeking from the court.
Enforcing Alimony Divorce Court Orders
Generally speaking, enforcing alimony orders is pretty straightforward. Either the former spouse made the alimony payment, or did not make the alimony payments.
Things get complicated when the alimony payor’s income is more complicated than standard W-2 income. For example, a business owner who has no (or minimal) W-2 income.
Enforcing Child Support Court Orders
When it comes to child support, we want to flag a few special items. For example, it’s important to know that the Connecticut Child Support Guidelines contain arrearage guidelines. The guidelines dictate how to calculate the amount of the weekly arrearage payment.
Second, for some Connecticut families, the Child Support Enforcement Program may be the best avenue to help collect child support.
Third, the court has some additional means of enforcing its orders on child support. For example, in some circumstances, courts may order a wage execution, or that a child support arrearage be paid from a tax refund.
What You Need to Know About Enforcing Divorce Court Orders on Property Division
Connecticut courts do not have the authority to modify the property division the divorce court ordered. They do, however, have the ability to enforce their orders. (Sometimes we call this “effectuating” the court’s order rather than “enforcing” the court’s order.) Read:Property Division: The Comprehensive Connecticut Guide
Enforcing Court Orders on Retirement
It’s not uncommon for us to see Post Judgment issues arising out of a failure to transfer retirement assets. Retirement assets — like pensions and 401ks — are transferred after divorce by a QDRO. The court has the authority to effectuate these orders.
Read: 401k & Divorce
Enforcing Custody Court Orders
Enforcing custody and parenting is often more complicated than enforcing financial orders. For example, when a child has a challenging relationship with a parent, it’s difficult to force the child to see that parent. That said, the court may hold a parent who manipulates discourages a child from seeing the other parent in contempt. Courts can also hold in contempt parents who refuse to allow children to see the other parent as outlined in the court’s order. Read: Physical Custody & Legal Custody Read: What is a Motion for Modification?
For more information about Connecticut divorce and family law, check out our Divorce Information and Facts. If you have questions or want to learn more about how our team of divorce attorneys can help you with your divorce or Post Judgment issue, please contact us here.