What Do I Do If My Ex Is Violating A Court Order?
Unfortunately, it is not an uncommon occurrence that after an order has been issued by the judge, one of the parties chooses to violate the court order. For whatever reason, one of the parties may refuse to abide by the court’s order by refusing to adhere to things that were ordered, such as visitation schedules, payment for child support, alimony payments, failure to distribute assets in a divorce case, etc. The list can go on and on. This happens more than it should after an order has been issued. So what can you do if you are in this situation?
The first step you should do is let the judge know that your ex is violating the current order from the judge. You can do this by filing a motion for contempt with the court. This lets the court know that 1) your ex is violating their current order and, 2) that you want the judge to force your ex spouse to comply with that order.
Once you file this motion your ex will receive notice of the motion as well as a hearing date where he or she must appear before the judge to explain why he or she is not following the order from the court. If at that hearing your ex is found to be in contempt, your ex can expect to receive punishment from the judge.
Punishments depend on the severity of the violation of the court’s order. Punishments could include:
- Fines imposed by the judge
- The judge could order your ex to pay attorney fees for you having to hire an attorney to file a motion to appear in court to defend the fact that your ex is not following the court’s order.
- If it has anything to do with a lack of paying child support, the judge can order that your ex’s driver’s license or passport be revoked unto such time as she or he brings current any child support payments or spousal support payments.
- And finally if the violation is very serious the judge can even impose jail time for your ex.
So there are remedies for you if you are in a situation where your spouse is violating a court order and not abiding by the agreed upon terms or the judge’s orders. If you are experiencing an ex’s refusal or inability to abide by a court order, contact an experienced Family Law attorney to help motion the court on your behalf. To speak with our experienced attorneys, set up a meeting by contacting our office at (702) 998-1188, firstname.lastname@example.org, or by scheduling a consultation online.