When two people decide to end their marriage, one of the most important legal documents that gets created is the divorce agreement. Once this document is signed by both spouses and approved by the court, it becomes legally binding. Unfortunately, sometimes certain parties fail to abide by the agreed-upon terms. If your former spouse violates your divorce agreement it can be frustrating but you have several options. Read on and consult with a skillful Sparta divorce attorney for legal advice and representation.
What is a Divorce Agreement?
A divorce agreement is a document created during a divorce that outlines the terms and conditions of the spouses’ separation. Contained in this agreement are all decisions made regarding how joint assets are to be divided, child custody arrangements, child support obligations, spousal support, and more.
How Can the Agreement Be Violated?
A divorce agreement violation can happen in many ways depending on the details of the document. Some common violations include the following.
- Failing or refusing to pay child support on time or in full
- Failing or refusing to pay alimony on time or in full
- Refusing to follow the court-ordered custody agreement by denying you access to your children, failing to pick up the children when it is their turn, etc.
- Refusing to comply with the division of assets by not transferring property
- Not having disclosed all assets or other information during the divorce proceedings
What Happens if My Spouse Violates Our Divorce Agreement?
When your spouse violates the divorce agreement, they are putting themselves at risk of several legal consequences. Courts take violations seriously. Because the document is legally binding and court-ordered, any action that opposes the conditions can lead to your spouse being found in contempt of court. If the court finds your former spouse in contempt, they can impose fines as a way to enforce their compliance or even sentence your ex to jail for failing to comply.
After a violation, the court may also determine that the divorce agreement needs to be modified. For example, suppose your former spouse refuses to or consistently fails to pay child support on time. The court may reevaluate the amount owed, adjust the custody arrangements, or enforce different methods to collect the funds like garnishing wages.
The court can take several steps to enforce payments if the violation is related to unpaid support or assets. They may order your spouse’s employer to withhold money from their paycheck, place a lien on your spouse’s property, or even intercept tax refunds to ensure you are paid in full.
Any time your spouse violates the terms of your divorce agreement you should contact your attorney. They will help assess the situation and guide you through the process of petitioning the court for enforcement. When your ex violates your agreement they are infringing upon your rights. Work with a skilled attorney to ensure fairness and accountability regarding your divorce agreement.
