October 8, 2010

Divorce Enforcement | Family Law Attorney – Salt Lake, Provo, Ogden

Divorce Enforcement in Utah

Divorces can be hard enough, but when you rely on alimony and/or child support to make ends meet, it can make your life a financial nightmare. When a spouse violates part of a divorce decree, the other party has two legal options to enforce the divorce:  Order to Show Cause in re Contempt and in some cases, possible criminal actions. A Utah Divorce Lawyer at Utah Divorce Hotline can represent you in this process and help you enforce your divorce decree today. 801.618.1331.

An Order to Show Cause can be filed for any order in the divorce decree that is violated or not followed. In some cases involving custody, visitation, or child support, potential criminal consequences may follow.

How to Enforce a Divorce Decree

To enforce an Order to Show Cause in re Contempt, you must show that your spouse knew what was required from the divorce decree, had ability to comply with the decree and knowingly failed to comply with the order. You will have to submit several documents to the court and a hearing will be schedule for you to state your evidence of your estranged spouse’s violation of the divorce decree and for the other party to refute your evidence.  If the party fails to comply with the order, they may be held in contempt, fined up to $1,000 and/or imprisonment for up to 30 days.

If the divorce decree violation amounts to a criminal non-support by knowingly failing to support their child or children under the age of 18 or would have no support if not for support for another source and is fined up to $2,500 and/or jail for up to a year. Particularly egregious nonsupport from an estranged spouse that lives out of state are third-degree felonies and can carry a fine of $5,000 and 0-5 years in jail.

Want to Enforce your Divorce Decree? Call us Today

Is your estranged spouse violating an order in your divorce decree? Don’t delay! The sooner you get a decree enforce, the better you will be able to help your children and have financial peace of mind. Call our team of Utah Divorce Attorneys today and we will schedule a free consultation to discuss your options.