Divorce may end a marriage, but it doesn’t always end the conflict. You’ve gone through months, maybe years, of legal proceedings, negotiations, and emotional exhaustion, only to find that your former spouse isn’t holding up their end of the deal; however, a divorce agreement is not optional. It’s a legally binding court order, and violating it carries real consequences. If your spouse violates your divorce agreement significantly or repeatedly, contact a dedicated Rochester divorce lawyer from Lacy Katzen LLP to learn how we can help. Here are some of the questions you may have:
What does it mean to violate a divorce agreement?
When a judge signs off on a divorce agreement, it becomes part of a formal court order. That means both parties are legally required to follow it. A violation happens any time one spouse disregards one or more of those terms. Some of the most common examples of divorce agreement violations that we see are as follows:
- Failing to pay child support or spousal maintenance
- Refusing to transfer property or assets as ordered
- Ignoring visitation or custody schedules
- Withholding important financial information
- Not complying with debt allocation or payment arrangements
What legal options do I have if my ex violates our divorce agreement?
There are several ways to enforce a divorce decree here in New York, depending on what type of violation occurred. Generally speaking, your options are as follows:
- File a Motion for Contempt of Court: This is one of the most powerful tools available. When a person knowingly disobeys a court order, they can be held in contempt. Penalties may include fines, wage garnishment, property seizure, or even jail time in severe cases.
- Seek an Income Execution Order: If your ex is behind on support payments, the court can issue an income execution order that takes the money directly from their paycheck before it ever reaches them.
- Request a Judgment for Money Owed: You can ask the court to issue a money judgment for any unpaid support or debts owed under the divorce decree. This can include interest and, in some cases, attorneys’ fees.
- Modify the Agreement (If Circumstances Have Changed): Sometimes a spouse isn’t willfully violating the order. Maybe they lost their job or experienced another major life change. In those cases, it might make sense to seek a modification rather than pursue punishment.
What should I do before taking legal action?
Before you rush to court, take a moment to gather documentation. Keep records of missed payments, text messages, emails, or any other proof that shows the violation. Courts rely heavily on evidence, so the more detailed your records, the stronger your case will be.
If you feel safe doing so, you can try resolving the issue directly with your ex or through mediation, but if they continue to ignore the order, don’t wait too long to involve your attorney. Letting the behavior slide for too long can make enforcement more complicated later.
If you have additional questions or would like to speak with a knowledgeable Rochester family law attorney about your case, simply contact Lacy Katzen LLP for an initial consultation today.
