No One Dies from Divorce

Divorce Tips: What if My Spouse Is Not Following Court Orders?

November 05, 2021 Jill Coil Season 1
No One Dies from Divorce
Divorce Tips: What if My Spouse Is Not Following Court Orders?
Show Notes

When your ex breaks court orders, you need to take timely action. There is a statute of limitations of 4 years in Utah for missed child support, for example. Listen in as I discuss specifically what action you can take when, and how to navigate these circumstances.

Show notes:

Say you have an order signed by a judge (whether it’s something like a mutual restraining order, which is pretty standard as part of a divorce decree, or a or a temporary order) and you hear your ex is doing the opposite of or breaking the order in some way. You need to write it down with what is happening and include dates. Don’t interrogate your kids or make them feel bad for telling you. First figure out if you can address this with your ex spouse. Do it in writing; email is best. Tell them what you heard, communicate that it’s a violation in your eyes, and ask them if it’s true. This shows you’re trying to be a mature person and trying to resolve it on your own first (which courts love). And then you get your ex’s response, whether it admits something and apologizes, or shows their immaturity or unwillingness to work with you (either response will help). If the order has been violated 3 times willfully (knew the order and purposefully disregarded it), that’s when I would recommend filing a motion for contempt. You’ll need to hire an attorney, which costs money. But if you have 3 violations, you have enough evidence to make a good case to the court and very possibly may be awarded sanctions (including attorney fees), so it’s more likely to be worth it to take it to court. Don’t wait too long to enforce orders. There are statutes of limitation on court orders. In Utah, there is a 4-year limit on missed child support. First go to your state attorney general’s system for child support collection. In Utah it’s ORS (Office of Recovery Services). They can automatically draw child support money from wages or whatnot. The purpose is to bring the party into compliance, not to punish the person.