Skip to main content

How to Enforce Your Divorce or Custody Decree

DECREE ENFORCEMENT CAN GET YOU BACK CHILD SUPPORT, CHILD CARE OR MEDICAL FEES AND OTHER RELIEF THROUGH AN ORDER TO SHOW CAUSE HEARING!

Enforcing your Divorce DecreeIf your ex-spouse is not paying child support, child care or medical expenses, or is bad mouthing you to your children, you need decree enforcement. You need to motion the court to hold an order to show cause hearing. Click here if you're looking to change your decree. If you are looking to set aside your decree, please see here.
These are the steps you need to take to start the process: (1) a Motion, detailing the violations of your ex; (2) a declaration in support of the motion along with supporting evidence; and (3) a proposed order which you will have the court sign and then serve upon your ex-spouse.  You will need to schedule a date for the hearing with at least 28 days so your ex-spouse has enough time to respond. Be aware that during this 28 day period your ex-spouse may also bring their own motion against you. You should respond if this happens.

WHAT WILL HAPPEN AT THE HEARING?

The court will consider the language of the decree, the testimony of the parties, and any evidence introduced. The court will then make a judgment. You will need to summarize your argument. Make sure your argument is concise and that you do not focus on your personal feelings. The court then makes a judgment on contempt. Possible punishments include (1) fines, (2) jail time, (3) community service, and (4) parenting classes. The court may also order other things as appropriate.
This is not a quick process, and that frustrates people. It can sometimes take several hearings.
-
Decree enforcement can be intimidating. It's not easy to stand up before a commissioner and plead your case persuasively. Judges are overworked, and will often lose focus or become frustrated if you don't quickly get to the point. At Solon Law, we can provide you with quality representation that will help you put forth the best case possible to increase your chances of holding your ex-spouse in contempt. We take the time to listen to your problems, and collaborate in creating a motion that is best designed to get results. We also provide flexible representation options that can fit your budget.
Divorce doesn't have to be a constant source of stress. If you're ready to put a stop to your ex's indiscretions, get your motion for an Order to Show Cause ready today! Call us now and we can help you enforce your decree.

If you need more assistance, feel free to contact us! Solon Law provides excellent legal representation for very competitive prices!

Comments

Post a Comment

Popular posts from this blog

Thoughts on a Right To Remain Silent

I recently had the opportunity to do a preliminary hearing for a woman who was charged with obstruction of justice. The charge was dismissed with prejudice because the a local city with an infamously incompetent police force improperly charged her. I had several thoughts after this victory, ranging from how great my performance was, to how significant my mistakes were in spite of my victory. I'll go over what I felt I did right and wrong in the hopes that it will benefit some other attorney, or myself, at some point. What Happened A woman was charged with Obstruction of Justice, which is a fairly long statute. The situation was that a police officer came to her home to investigate a crime. Her son had some active warrants, but the police officer didn't know that at the time. The officer had both the son and the woman outside, asking them questions about his investigation. He then asked her for her personal info. Then he asked the son. The son gave the officer incorrect i
Post a Comment
Read more

UCCJEA - What You Need To Know About Jurisdiction

The UCCJEA is a complicated set of Utah Statutes that govern divorce and custody matters that cross state-lines. At this point, every state in the union has adopted this set of rules in some form. The first question that gets asked in such a case is whether Utah has jurisdiction to hear the case. Let's go over the most important things: Where Does The Child Live? In Utah, there are three ways to get initial jurisdiction. The easiest way to determine whether Utah has jurisdiction over the child is to see where the child lives. In order to proceed in Utah (except under some limited cases we will cover later), Utah must be the home state of the child. To get a home state designation, the child needs to have lived in Utah for at least 6 months. Taking a vacation out of state during that 6 months does not count against the total. If the above does not apply, you'll need to make sure that another State does not have jurisdiction (such as where the child hasn't lived anywhe
Post a Comment
Read more

Utah Needs Its Own Family Court

The current system in Utah for dealing with divorce and other domestic issues is that it must go through commissioners who act as gatekeepers to the assigned judge. Cases are under the jurisdiction of the District Court, and if a case ever makes it to trial, a judge will ultimately rule on it. The Utah Rules of Civil Procedure govern domestic law and all other civil cases. It should seem wrong to have one set of rules for medical malpractice and divorce cases. What follows are the top reasons why Utah needs its own Family Law Court. 1. Commissioners are an Inelegant Solution To Time Saving. Commissioners specifically handle domestic matters. They hear everything from temporary orders in divorce actions to protective orders against a cohabitant. A commissioner's singular focus gives them unparalleled expertise. They hear far more domestic issues than judges, as most cases rarely make it to trial. But Commissioners lack one crucial thing: actual authority. Although they can issu
Post a Comment
Read more