What Happens If My Spouse Violates the Divorce Agreement?
When you finalize a divorce agreement, both parties agree to be bound by it. When your ex keeps ignoring key parts of that agreement and causing you stress, then that needs to be addressed. Fortunately, our Morristown divorce attorneys are ready to help you hold your ex accountable.
What Kinds of Divorce Agreement Violations Are Common?
There are a few parts of a divorce agreement that tend to cause issues. Conflicts frequently arise concerning:
Alimony and child support: Late and missed payments can easily have an impact on your household budget. If you’re expecting to receive money and your ex has a habit of not following through on their obligations, that’s sure to become a problem eventually.
Visitation time: Sometimes a custodial parent interferes, making it more difficult for a noncustodial parent to spend time with their kids. Sometimes the noncustodial parent is the issue due to late pickups and other habits that disrespect the other parent’s time.
Refusals to transfer property: How your marital property would be divided up was decided under your divorce agreement. If someone drags their feet and does not transfer assets or property when they are supposed to, they are violating that agreement.
What Can I Do When My Spouse Violates the Divorce Agreement?
In most cases, the remedy is bringing your ex to court. The judge can take a look at the situation and let you know if they think that your ex has violated a part of your divorce agreement. Then your ex could be subject to penalties like:
- Fines
- Jail time
- Being held in contempt of court
- Suspension of a driver’s license or professional license
A judge might also decide to “suspend the commitment.” Essentially, they tell your ex that they have to make good on their end of your divorce agreement. If they do not, the judge can rescind this suspended agreement and put them right in jail. So if your ex owes child support, the judge can give them a chance to pay it. If they make no effort to pay, then the judge will dole out an appropriate punishment.
What If a Modification Needs to Be Made?
Sometimes a divorce agreement doesn’t stand the test of time. One of your financial situations may change, so discussions about new alimony or child support arrangements need to be made. Your kids have gotten older and busier, so maybe child custody and visitation need to be rethought.
In cases like this, you need to get together and make changes to your divorce agreement. Then you get those modifications approved by the court. You can’t just decide to stop paying your ex alimony because they got a better-paying job and you no longer think they need it.
Contact Our Law Firm
So if you are ready to make changes to an existing agreement or you need help holding an ex accountable, contact Lazor Rantas, PC. Our team can help you address any challenges you have encountered.
