In an ideal world, after a divorce, both parties follow through on their promises and move forward in their new lives from a fantastic place. But, that is not always how it goes.
Occasionally, one of those spouses refuses to stick to the divorce decree. This could happen in many ways. They may not stick to the child support order, the child custody order, the payment of debts, or collapse to divide a retirement account as decreed. In such situations, the other spouse usually needs to engage a lawyer and take their former spouse back to court to enforce the decree.
If you’re in this type of situation, we understand the excess stress and annoyance it can bring after you think you are done with the divorce process. We realize that you might be angry with your former partner and eager to get this over with. When you utilize a few of our San Antonio enforcement attorneys, you can be confident that the situation will be solved immediately and with your best interests at heart.
Situations Where You May Need Enforcement
Sometimes, one spouse is ordered to repay a debt that was incurred during the marriage. Normally, they will have another chance to follow along with the order and may subsequently be punished with jail time should they neglect to. From time to time, the court may even take custody of one party’s property and sell that land to give the proceeds to the other party.
Situations that involve children are somewhat different than those involving land. Of course, you have your children’s best interests at heart and do not want to traumatize them make their lives more stressful. It’s ideal for children if their parents may co-parent amicably, but sometimes one parent makes that impossible by refusing to follow court-ordered divorce orders.
If that happens, you may need to work with a lawyer to get your child custody order enforced. First, it’s crucial that you actually have a legal custody order — not simply a verbal agreement between yourself and your co-parent. A custody order that has gone through the legal process is legally binding.
You should first work directly with your ex, then you can attempt to solve the issue in mediation, then file a court action for contempt of court. The judge may grant make-up visits or even adjust the custody order if the other parent’s preventing visitation.
If you’re the custodial parent and your ex is refusing to pay child support, that is also an issue that you can take up in court with the help of Zarka Law Firm. Legally, child support and visitation are not tied, so don’t limit your ex’s visitation to their kids in response to a lack of child care. Though you may want to, keep in mind that your children’s relationship with their other parent and parent isn’t to be withheld as punishment for failure to pay child support. Instead, utilize Zarka Law Firm to receive all the support and beyond support that your children are eligible to. Your ex’s wages could be garnished so the money goes straight to your accounts without passing through them first.
When a divorce decree is not being followed, it is essential that you take the proper legal steps to make sure that everything goes correctly. Call Zarka Law Firm for help with mediation or taking your ex-spouse to courtroom to make sure the divorce decree has been followed.