How to Enforce Court Orders Related to Divorce Settlements

As a legally binding agreement, you and your spouse must comply with all the orders in your divorce decree. If your ex-spouse doesn’t want to comply with an order, the best way to enforce the order is to consult a Tennessee divorce attorney to explore your options. Getting a divorce is tough. It can be more challenging when your ex refuses to comply with an order.

However, before getting the courts involved, you can talk to your ex to find out why they are not complying with the order and if they are willing to fix the situation. If this option is impossible or your ex refuses to cooperate with you, your Tennessee divorce attorney will take legal action against your ex.

Filing a Motion for Contempt

If negotiating out of court with your ex-spouse doesn’t work, you have the legal right to file a motion for contempt requesting your ex-spouse’s compliance. A judge will assess your evidence and order your ex-spouse to comply with the order. Otherwise, the court will hold them in contempt and impose severe penalties, including jail time. However, filing a motion for contempt may not apply to every situation.

For instance, if a significant change in your ex-spouse’s circumstances has occurred, which makes your ex unable to comply with the order, an order modification might be the appropriate option. On the other hand, you can file a contempt motion against your ex-spouse if they commit any of the following violations since these can be enforced by contempt:

Not complying with the child custody or visitation schedule
Failing to transfer titles or accounts or pay debts as specified in your divorce decree
Not paying you alimony or child support

However, for a judge to hold your ex-spouse in contempt, you must prove that they have knowingly disobeyed the court order. Your Tennessee divorce attorney must present evidence to prove your ex-spouse:

Knew that there was a court order
Willfully breached the conditions of the order even if they could comply with the court order
Does not have any reasonable excuse for not following the court order

Because the burden is on you to prove your ex-spouse’s violation, you must have strong evidence to prove that your ex-spouse is guilty of contempt of court.

Discuss Your Case with a Seasoned Tennessee Divorce Attorney

Whether your spouse refuses to follow the custody order or pay child support or alimony, our Tennessee divorce attorney will do all they can to resolve the situation in the fastest and most efficient way possible. Keep in mind that filing for contempt can make existing issues between you and your ex-spouse more complicated.

However, if your ex-spouse still does not want to comply with the court order, our Tennessee divorce attorney will not hesitate to fight for your rights and initiate contempt proceedings. To book your free case review with our Tennessee divorce attorney, contact Burch and Stewart Attorneys by calling 931-954-1066 or contacting us online.