Enforcing Divorce Decrees: What Are Your Options?
Divorce can often feel overwhelming, both emotionally and financially. But for many, the challenges don’t end when the court issues the final divorce decree. In reality, making sure that both parties comply with the terms outlined in divorce decrees can become a significant legal battle in itself, and violations of divorce terms are more common than most people realize.
If you’re dealing with a non-compliant ex-spouse, it’s important to understand that you have legal remedies available. At Johnson Bigelbach Law, PLLC, we strive to help clients in St. Paul, Minnesota, who are dealing with violations of divorce decree terms. Our goal is to help you understand divorce decrees, what happens when they’re violated, and what to do next.
What Is a Divorce Decree?
A divorce decree is the final order issued by the court that officially terminates a marriage. More than just a statement that the marriage is over, it outlines the obligations and rights of both parties post-divorce. It’s a legally binding document that carries the full weight of the law. Divorce decrees typically cover:
Division of marital property and debts
Child custody and visitation arrangements
Child support obligations
Spousal support (alimony) terms
Any additional court orders specific to the case
Once the decree is issued, both parties are expected to comply with its terms. Failure to do so is considered a violation of a court order and can have serious legal consequences. These consequences can range from wage garnishment to even jail time in severe cases of noncompliance, since courts take these violations seriously.
Common Violations of Divorce Decrees
When one party disregards their responsibilities, it can quickly unravel the stability that the divorce decree was meant to establish. Recognizing the signs of noncompliance early can help prevent more serious issues from developing. Violations of divorce decrees vary depending on the divorce circumstances and the terms set by the court. Some of the most common include:
Failure to pay child or spousal support: Whether intentional or due to financial hardship, missing payments puts an undue burden on the other party and can seriously affect children’s well-being. Persistent nonpayment may lead to court intervention, including wage garnishment or even criminal charges in extreme cases.
Disobeying custody or visitation orders: One parent may refuse to allow the other scheduled visitation, move the child without permission, or make unilateral decisions against custody terms. These violations not only strain co-parenting relationships but can also negatively impact a child’s emotional health. Repeated offenses may result in custody modifications or supervised visitation being ordered by the court.
Not transferring property or assets: When a spouse refuses to transfer ownership of real estate, vehicles, or retirement accounts as required, it can lead to financial loss and conflict. This type of noncompliance often requires legal intervention to recover or reclaim what was rightfully awarded. Delays can also impact the credit and financial stability of the spouse waiting for the transfer.
Failure to sell or refinance the marital home: If one spouse is required to sell the home or refinance it to remove the other party’s name and fails to do so, it can damage credit and hinder future housing options. The spouse whose name remains on the mortgage may be held responsible for missed payments, even if they no longer live there. This can prevent them from qualifying for new housing loans or renting opportunities.
Regardless of the violation, noncompliance with a divorce decree is a legal matter, and there are structured steps to seek enforcement. Ignoring these issues can prolong conflict and potentially harm children or financial interests. Taking timely action with the help of a family law attorney can help uphold your rights and restore the integrity of the original court order.
Legal Options for Enforcing Divorce Decrees
Taking decisive legal steps can provide the leverage you need to compel compliance in divorce decrees and protect your rights. It’s important to understand the options available so you can work with your attorney to choose the most effective strategy for your situation. If informal efforts don’t work, legal action will often become necessary. Some of the most common tools for enforcing a divorce decree include the following.
Motion for Contempt
The most direct method for enforcement is filing a motion for contempt of court. This filing asks the judge to hold the non-compliant party in contempt for failing to follow the court’s order. Contempt motions signal to the court that one party is willfully disregarding its orders, which judges take very seriously. Consequences can include:
Fines
Wage garnishment
Jail time (in extreme cases)
Attorney’s fees reimbursement
Orders for immediate compliance
Contempt motions are especially effective for missed child or spousal support payments and refusal to adhere to custody agreements. They can serve as a strong legal deterrent to prevent future violations. However, the process requires clear evidence and legal experience, which highlights the importance of working with an experienced family law attorney.
Income Withholding Orders
For unpaid child or spousal support, you can request that the court issue an income withholding order. This sends a directive to your ex’s employer to deduct support payments directly from their paycheck. This method helps to automate payments and reduce delays caused by forgetfulness or refusal, minimizing the need for repeated court enforcement actions.
Writ of Execution
If your ex refuses to hand over property or pay a court-ordered amount, you may request a writ of execution. This court order allows law enforcement or a court-appointed official to seize and sell the non-compliant party’s property to satisfy the judgment. This tool is particularly useful when monetary judgments remain unpaid despite repeated demands.
Property Liens
If your ex owes you money and owns property, your attorney may help you place a lien on that property. A lien makes it difficult for them to sell or refinance the asset without first satisfying the debt owed under the divorce decree. Liens protect your financial interests and provide leverage for collection efforts.
License Suspension
In some jurisdictions, failure to pay child support can result in suspension of driver’s licenses, professional licenses, or even hunting/fishing licenses. This approach can be highly motivating for non-compliant individuals. The threat of losing these privileges often encourages timely payments and compliance.
Tax Refund Intercepts
Federal and state tax refunds can be intercepted and applied to unpaid support obligations. This process is often handled through your state’s child support enforcement agency. Intercepting tax refunds can provide a lump sum payment to catch up on overdue support. It also acts as a deterrent by limiting access to anticipated funds for non-payers.
Request for Attorney’s Fees
If you must go to court to enforce your divorce decree, you can often request that your ex pay for your legal fees, especially if the court finds they willfully violated the order. This provision helps reduce the financial burden on the compliant party and discourages frivolous or bad-faith noncompliance. Courts use this as a tool to promote fairness and accountability.
When to Seek Legal Help
Even minor violations of divorce decrees can escalate quickly. If your former spouse is consistently failing to meet their obligations or creating conflict around shared responsibilities, consulting a family law attorney is essential for helping you work through the process of enforcing a divorce decree. An attorney can help you:
Determine whether a violation has occurred.
Understand the legal remedies available.
Draft and file appropriate court motions.
Represent you in hearings.
Negotiate settlements when possible.
Legal professionals also make sure that enforcement actions are tailored to your unique situation, which improves your chances of success and minimizes additional stress. Taking prompt legal action with an experienced attorney not only helps protect your rights but also sets a clear precedent for future compliance.
Contact a Qualified Family Law Attorney Today
While a divorce decree marks the end of your marriage, it’s often just the beginning of ongoing legal responsibilities between ex-spouses. When one party refuses to comply, it undermines the entire intent of the court’s decision.
At Johnson Bigelbach Law, PLLC, we are committed to helping you find practical solutions when the terms of your divorce decrees are violated. Located in St. Paul, Minnesota, we serve clients throughout the surrounding areas. Contact our firm today to schedule a free consultation.
