A divorce decree is a legal document containing court orders regarding property division, spousal maintenance, child support, and co-parenting arrangements. Usually, spouses spend considerable time, money, and energy negotiating marital settlement agreements.
You might not know how to respond when your former spouse violates the divorce terms. If you are in this situation, contact our experienced divorce attorneys for help enforcing the terms of a divorce in Connecticut.
When a child is in danger, or one party is physically threatening or violent toward the other, seeking immediate protection in the courts is appropriate. Similarly, when the non-compliance involves late spousal maintenance or child support payments, taking formal legal action swiftly before the former spouse falls too far behind is often the best policy.
In other cases, documenting the non-compliance and bringing it up to the former spouse is the best starting point. If the discussion does not resolve the issue, turning to a mediator or other neutral intermediary is appropriate.
Informing a Connecticut divorce attorney of the violations can be effective. The legal professional can contact the offending spouse’s attorney to make them aware of the violations and try to find a solution.
Sometimes, a parent’s non-compliance with court orders is not willful. Their circumstances might have changed since the judge issued the orders, and it is no longer possible for them to comply.
It typically benefits both parties to negotiate a modification to the court order if changes to one party’s life make the current order unworkable. When the parties agree on the terms of a modification, a lawyer could submit it to the court for approval. In the meantime, both parties must adhere to the original terms of the divorce decree because a modification does not take effect until the court issues a formal order.
When one party wants a modification and the other does not, taking the issue to court could be necessary. However, anyone who brings a motion to enforce a divorce order in Connecticut should be aware of the possibility that the judge will issue an order to modify the existing order instead.
When informal methods of convincing a former spouse to adhere to the divorce settlement agreement are ineffective, and modification is not acceptable, bringing an enforcement motion in court may be the only solution. Courts treat these motions differently depending on whether the dispute involves only money or impacts custody and visitation with the children. Still, the process is the same regardless of the issue.
In Connecticut, a parent or their attorney files a motion asking the court to enforce the order and hold the other party in contempt. The person seeking the order (the petitioner) must prove the other party (the respondent) willfully violated a valid order. The petitioner must be specific about the relief they seek, such as immediate payment of child support arrears, keeping a new intimate partner away from the children, or whatever will correct the problem. If a modification to the orders is necessary, the contempt motion will need to be accompanied by a separate motion to modify, which will require allegations supporting a substantial change in circumstances.
When the issue involves money or property only, the judge could take numerous actions, including:
If the issue involves custody of the children or enforcing the parenting plan, Connecticut General Statutes § 46b-56(c) directs the judge to make the children’s best interests the primary consideration.
It can be frustrating when a former spouse refuses to comply with the court’s divorce order. You are trying to move on with your life, and you might feel like your former spouse is still trying to control or hurt you. If the non-compliance involves custody or child issues, you might be concerned that your children are suffering.
Talk to one of our well-practiced attorneys about enforcing the terms of a divorce in Connecticut. They can offer practical advice and, if necessary, help you bring your former spouse to court. Call today.
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