When parties divorce the Court will issue an order setting forth the rights and obligations of the parties. A divorce decree will include direction on property settlement, which party will be obligated to pay debt, child support, as well as a visitation schedule for the non-custodial parent. So what happens when your ex doesn’t want to abide by the Court’s order?
It is important to communicate to your ex that he or she is failing to abide by the Court’s order. In many situations it is advisable to have a Carmel attorney correspond on your behalf. In the event that the correspondence rectifies the situation no further action will be necessary. However, if your ex still refuses to follow the order you may need to ask for assistance in enforcing the order from the Court.
It is important to consider whether the failure to abide by the Court’s order is significant enough to bring before the Court. The Court’s time is valuable and there are many people waiting to be heard. Additionally, if you are using a Carmel Divorce Attorney to assist you with your effort to enforce the Court’s order you will have attorney fees to pay. An example of a situation that doesn’t warrant Court involvement is if your ex is dropping your children off 5 minutes late after his or her visitation it is not something you want to bring before the Court. However, if your ex is continuously refusing to allow you to exercise your parenting time, then this is a serious matter that you may need to take to Court.
This Court assistance is often requested in the form of a Motion for Contempt filed in the Court that issued the order. The opposing party will have the option to respond to the motion for contempt and the court will set your motion for a hearing. At the hearing it will be necessary to put on evidence of the failure of your ex to abide by the Court’s order. Specifically, you will need to prove that your ex is willfully (purposely) disobeying the Court order. As a result, it will be important for you to keep detailed records and to work with your attorney to make sure that you are able to convey the issue you are having to the judge.
If the judge grants your motion, he or she may order that your spouse abides by the order, order that your ex pays your Carmel attorney fees incurred to bring the contempt motion, or even decide that your ex should spend time in jail. In practice, jail time is rare, but the party found to be in contempt is often ordered to pay the opposing party’s attorney fees.
If you live in Hamilton, Marion or Boone county, Indiana, and need a Carmel Divorce Attorney to assist you in enforcing your divorce decree or separation agreement, call Halcomb Singler, LLP, right away, at (317) 575-8222 for a consultation. Our Carmel divorce attorneys assist clients whose divorce decrees were issued in Hamilton, Marion or Boone counties when their ex-spouse is failing to abide by the Court’s order.
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