Reaching a divorce settlement is an arduous and emotional process for most people. It can be infuriating when your former spouse does not adhere to the terms of the court order.
The law provides a mechanism for enforcing the terms of a divorce in Southbury. Going back to court should always be a last resort, but sometimes it is necessary. Speak with a compassionate divorce attorney for guidance on how to handle your former spouse’s non-compliance.
When a Southbury judge issues a divorce decree, it comes with enforceable court orders regarding property division and alimony. If the couple has minor children together, the order will include a parenting plan that covers support, time sharing, and decision-making responsibility. In most cases, the orders reflect the couple’s agreements, but in some cases, the judge must decide the issue.
As a couple begins living with the court orders, they may find some aspects are not working well. Sometimes the issues are relatively minor and easily solved. For example, if a parent is consistently late to pick up the children because they get in caught in traffic leaving work, a 15-minute adjustment to the pick-up time might resolve the issue. However, when a parent repeatedly fails to pick up the children at all or cancels at the last minute, there is a problem.
Both spouses should keep track of how the decrees are working, noting any missed or late alimony, deviations from the agreed parenting time schedule, and violations of the parenting ground rules and decision-making responsibilities. Although occasional minor violations are almost inevitable, the spouses must address any serious issues or recurring problems immediately with the help of an attorney.
Many people try to resolve non-compliance with the court orders outside of court first, which is wise. Negotiation is faster, less expensive, and provides the parties with more control over the outcome. In other cases, working with a mediator can achieve an acceptable result.
Non-compliance with the parenting plan raises significant concerns because the parenting plan represents the arrangement that is in the children’s best interests. When a parent fails to comply, they seem as though they are prioritizing their needs over the children’s. Even so, judges in Connecticut expect parents to work out disagreements that concern the children, so taking the issue to mediation or asking the parties’ lawyers to address the issue is usually the best first step.
Sometimes, a parent cannot comply with a child support or alimony order because of significant changes in their financial life. In that case, they could seek a modification of the order in court. A Southbury lawyer can advise someone on whether the changes in their circumstances are significant enough to merit a request to modify the divorce terms.
When non-compliance cannot be resolved through negotiation or poses a threat to the children, a parent can ask a Southbury court to enforce its divorce order. The person seeking enforcement will file a motion asking the court to enforce the order and hold the non-compliant spouse in contempt of court. Connecticut General Statutes § 46b-87 allows the party bringing to petition to recover their attorneys’ fees and court costs from the other party if the contempt motion is successful.
When the violation involves non-payment of alimony or child support, a judge has numerous options, including the following:
If the noncompliant party can prove that a change in their financial circumstances prevents them from paying, the judge could modify the order.
When the issue involves violation of the parenting plan, a judge could direct the parent to correct the violations or risk losing some of their time with the children. The judge also could modify the plan to address the reasons for the noncompliance or to punish the parent for failing to adhere to the plan. The judge’s decision will always be based on what best serves the children’s interests.
Once your divorce is final, you want to move on with your life. That can be challenging when your former spouse is willfully violating your divorce decree.
Speak with an experienced divorce lawyer about enforcing the terms of a divorce in Southbury. They can advise you about the best next steps in your specific situation. Get started today.
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