If your spouse violates divorce court orders, then he or she can be in trouble with the law. The type of trouble that he or she can be in depends in large part on the particular rulings or orders that were violated. Rest assured, though, that when a violation occurs, there are steps you can take to make sure that your divorce agreement is honored.
Violating Divorce Court Orders
In order for the court system to work in any country, people have to listen to the rulings made by judges- otherwise, the system would be meaningless. The rulings made by family court judges are just as valid and just as important as the rulings made by any other judge. This means that, like when you defy the orders of a criminal court judge or a civil court judge, there are consequences to not complying with the rules.
If your spouse has failed to comply with divorce court orders, he could face potential penalties including:
- Contempt of court for failure to comply with court orders. Contempt can lead to jail time.
- Garnishment of wages for failure to pay child support or spousal support (this means his employer receives a court order to take money right from your spouses paycheck and give it to you, before your spouse even gets a chance to get his hands on it)
- A judgment against him for failure to pay child support. When a person gets a judgment against them liens can be placed on their home or property and again, wages can be garnished. Judgments for non-paid child support are not dischargeable in bankruptcy, so your spouse will have to pay.
- Felony kidnapping charges if your spouse doesn't comply with the custody deal. If your spouse refuses you access to your child or attempts to remove your child from the state in violation of a court order, this can be kidnapping and can lead to jail time.
If your spouse has violated any of the provisions of your court order, you need to go back to family court. Make the judge aware of the violation and he will take the appropriate steps to rectify it. If you believe you or your child are in danger because your spouse is violating custody orders or restraining orders or orders of protection, then you can also call the police and they will help you.
Getting Help
As soon as your spouse violates one of the divorce court orders, get in touch with your attorney right away. Your lawyer will be able to assist you, sometimes taking steps to get the problem resolved quickly and easily by contacting your spouse or his attorney, thereby avoiding the need for more prolonged and messy divorce litigation.
