How to Take Steps to Ensure that Your Ex Complies with the Court Order
In the aftermath of a divorce proceeding, when the judge has signed your divorce decree, you hope and expect that both parties will honor the terms of the order, so that you can get on with your lives. Unfortunately, though, the relationship challenges that led to the divorce often don’t end just because the marriage has ended. Your former spouse may choose not to comply with court order, failing to pay child support as required or denying you access to your children at times of scheduled visitation. What can you do if your ex violates the terms of the divorce judgment?
File a Motion for Contempt of Court
Under the law, whenever a party to a court order fails to comply with the terms of that order—and a divorce decree is a court order—that’s “contempt of court,” which can result in some pretty serious actions by the court. As a general rule, though, the court won’t know that a court order has been violated unless someone puts the court on notice. Accordingly, if your ex refuses to honor the provisions of the divorce decree and you have tried, unsuccessfully, to get him or her to comply, you will have to put the court on notice. To do that, you must file a motion, asking the court to find your former spouse in contempt.
It is critical, though, before you file your motion, to attempt to resolve the dispute without the intervention of the court. In fact, New Jersey law mandates that you accompany your motion for contempt with a “certification,” stating that you or your legal counsel made a good faith attempt to work out the disagreement.
Your motion must include a list of the specific provisions of the court order that your ex has failed to honor, a request that your ex comply with the requirements of the divorce decree (a copy of the original divorce judgment should be attached), and a request that your ex pay your attorney fees.
Contact Attorney David M. Lipshutz
We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.
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