Unfortunately, it is not uncommon that people get divorced and then one of the parties later decides to stop following the provisions of the decree. Sometimes there is a change in circumstances which justifies a party’s lack of adherence to the decree. Other times the party in violation of the decree just simply stops performing their duties with no justification at all. Either way, the decree is a court order that can be enforced until the court issues another order changing it. If your ex spouse stopped paying child support or alimony, stopped facilitating your parent time, or otherwise refuses to follow any of the court orders in the divorce decree, you have options.
Order to Show Cause
To enforce your decree of divorce, you will need to file a motion for order to show cause. In your motion you can request your ex be held in contempt, perform certain obligations, and even be required to pay your attorney fees for bringing the action. The court will issue an order to show cause requiring your ex to appear in court and explain a defense if any. There is a certain legal process you have to go through. In addition to the motion, you need to file an affidavit supporting your allegations. Moreover, your ex will need to be properly served with the documents including the order to show cause with the date and other information for the hearing. It gets a little complicated so it can be very helpful to have a Provo Divorce Lawyer represent you in the process.
Many people do not realize they have options for enforcing their divorce decree. In fact, many people sit idly by while their ex refuses to perform their legal obligations with no consequence. Don’t let this happen to you. We can help get exactly what you are legally entitled to under the provisions of your decree. Call us today for more information.