When you are going through a divorce in Louisiana, understanding the importance of adhering to the order imposed by the court is critical. Unfortunately, however, if your divorce was particularly contentious, you may find that your spouse is unwilling to abide by the terms and conditions imposed by the court, ultimately resulting in repeat violations of the divorce order. As such, the following blog explores what you should know about your legal options if this reflects your situation, including the importance of working with a Monroe, Louisiana family law attorney to assist you through these complex times.
What Constitutes a Violation of a Divorce Decree?
Generally, a violation of a divorce decree occurs any time that one party fails to abide by the terms and conditions included in the agreement as imposed by the court. While no two divorces are identical, some of the most common violations include, but are by no means limited to, the following:
- Failing to pay child support on time
- Refusing to transfer property
- Ignoring the custody schedule (late drop-offs, early pick-up, etc.)
- Impeding communication between a child and a parent
- Failing to communicate important information about the child (medical details, school information, extracurricular schedule changes, etc.)
What Should I Do When My Ex Violates the Divorce Order?
Violations can be incredibly frustrating to handle, and your first instinct may be to retaliate. However, it is critical to understand that if you violate the divorce decree, even if in response to your spouse’s deviations, it can be held against you and impact your credibility in court. As such, it is imperative to remain in compliance with the order to avoid legal troubles.
When your ex violates the order, the most important thing you can do is document it. As such, it is in your best interest to limit all communication with your ex to texting or other written communications when possible. This can help avoid “he said, she said” situations. When a violation occurs, you should log it along with when it happened, the nature of the violation, and any evidence you have to support the claim. This can look like a text message from your ex or a bank statement that shows a transfer ordered by the court has not yet been made.
Next, you should contact your attorney, as they can assist you in seeking enforcement from the court. This typically involves filing a petition, which, once reviewed and approved, will result in action against your ex to abide by the terms and conditions of the divorce order.
Will My Ex Face Consequences?
In the event that your ex-spouse refuses to comply with the divorce order, the court can hold them in contempt of court. This will result in potential fines, wage garnishment, seizure of assets, make-up visitation, and even up to 30 days in jail for repeat or intentional violations. In serious instances, the court may modify the divorce order.
Navigating a divorce is an incredibly overwhelming and emotional matter, which is why working with an experienced attorney is imperative during these difficult times. At Breithaupt, DuBos & Wolleson, LLC, our dedicated legal team will examine your circumstances to help you in the fight for the best possible outcome. When you need help, contact our team to learn how we can represent you.