Skip to main content

How to Enforce Your Divorce or Custody Decree


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.


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!


Popular posts from this blog

5 Tips When Charged With a Misdemeanor

If you were recently charged with a misdemeanor, a court date is not far behind. Speaking in court is intimidating, and you may do something you regret. These tips are designed to put you on the right path to help you get the best deal possible. People have come to me in the past and told me that they wished they had known these things before they plead guilty to their misdemeanor. Before the next court date, consider these tips to help you. 1. Consider Not Pleading Guilty When you first go to court, it's called an arraignment. You will have an opportunity to plead guilty at that hearing to terms set by a judge or a prosecutor. You don't need to plead guilty. If you plead not guilty, the only thing that will happen is that they will set a pre-trial conference. This will give you time to either hire an attorney or further consider your options. It may also get you a better deal. In Utah, speeding tickets are misdemeanors. When you show up for court, you will be asked to plead …

How to Set Aside a Decree

You can set aside your divorce or custody decree shortly after its signed. This process is complicated, and you should consider speaking to an attorney. For your personal information, however, the following information can help you decide if you need to set aside your decree. There is a Typo or Some other Error in the Decree If you receive your decree and there is a typo or error in the document, you may have grounds to have the decree set aside. If a crucial part of your decree is missing, or says something different than you had agreed, you can have the court make a correction through motion. I Made a Mistake or Found Something Out Too Late A mistake in judgment may be enough to set aside your decree. However, this does not guarantee success, and your mistake will need to be a significant one. Feeling bad about your decision is not enough. If you have more questions, you should speak to an attorney about your situation. If you are surprised by some new fact after your decree was sign…

How to Modify Your Divorce Decree

If there has been a substantial change in circumstances, you may have a case for decree modification.  This process can be a big waste of resources and time if you don't plan carefully. You may also want to consider whether you can solve the problem through mediation. Decree Modification Requires a Substantial Change in Circumstances You must show that there is a substantial change in circumstances. This is perhaps the most important preliminary question to consider. If your divorce decree is only a few months old, it is unlikely that the court will find there was a substantial change in circumstances. Your case will be much more difficult to prove the sooner you bring it after your divorce is finalized. There may be a situation, however, in which a substantial change in circumstances has occurred, even though a small amount of time has passed. If you are in doubt, you should consult with us or another attorney to determine the strength of a decree modification. Here are some exam…