Divorce is never easy. There are many relevant topics and issues that must be addressed during the process of a divorce to ensure a fair separation of assets and responsibilities and to address how certain rights will be handled. The details of these issues will be outlined in a legally binding divorce agreement. When one spouse violates the court-ordered divorce agreement the other party has several legal options to ensure enforcement. Read on and speak with a skillful Montgomery County divorce lawyer for more information and representation.
What is a Divorce Agreement?
The settlement agreement is one of the most important documents created during a divorce. This written document outlines the terms of the divorce and establishes how all relevant issues will be handled once the marriage has officially ended. The divorce agreement can touch upon a variety of issues including the following.
- How assets will be divided and which spouse is entitled to which property
- How debts will be divided and which spouse is responsible for which liabilities
- Whether either spouse will pay alimony, the amount, and the duration
- Which parent will be the custodial parent, the custody schedule, and visitation rights
- Which parent will pay child support and the amount
The divorce agreement is an important document and is legally binding. If either spouse fails to abide by the terms several repercussions can result.
What Happens if My Spouse Violates Our Divorce Agreement?
When your spouse violates the divorce agreement they are infringing upon your rights. You can take several actions to ensure your rights are protected and enforce the terms of your agreement. Divorce agreements are ordered by the court, meaning that when your spouse violates the terms they can be found in contempt of court. The penalties associated with contempt include monetary fines and even jail time.
A modification of the agreement may also result from your spouse’s violation as a way to penalize their actions but also ensure that your rights are protected. If your spouse refuses to pay child support or alimony, the court could adjust the amount or frequency of their required payments. If your spouse’s violations have something to do with failing to comply with the custody agreement, the court may adjust the arrangement to grant you more time with your children.
If the violation is related to money, like failing to pay child support or spousal support on time or in full, the court has several options to enforce payments. They can garnish your ex’s wages by ordering their employer to withhold money from their paychecks, put a lien on property, intercept tax refunds, and more.
It is important that you understand your legal rights and options when your former spouse violates the terms of your divorce agreement. With the help of an experienced lawyer, you can petition the court to enforce the contract. Reach out to a skilled attorney today for more information.
