Violations of Court Orders

Divorce decrees are court orders. Once the decree has been signed by a judge, the orders laid out in that legal document are enforceable through the courts. This means that any violation is more than disrespectful. It is illegal. If your ex refuses to pay child support, fails to transfer property, or constantly violates your parenting plan, they can face serious consequences.

At WSM, we believe that no one should have to bear the consequences of someone else’s refusal to follow court orders. Our legal team represents women, and we can help you enforce your court order. Taking decisive action can let your ex know that you take your rights seriously. 

Call 380-212-3731 to schedule your free consultation so we can begin helping you protect your rights in court.

We are proud to represent women in Ohio, Indianapolis, Kansas City, Northern Kentucky, and Central Texas.

Common Divorce Court Order Violations

Following a divorce, a judge signs a divorce decree that outlines important terms about the division of marital property, payment of debts, child support, child custody, spousal support, insurance coverage, and other important matters.

Any refusal by one party to these terms could lead to enforcement actions. Common examples of court order violations include:

• Refusing to pay child support
• Refusing to pay alimony
• Withholding child visitation
• Violating the custody schedule or parenting plan
• Refusing to follow through with the terms of a divorce

While some issues arise from confusion or misunderstanding, many violations are intentional. If your ex is deliberately undermining the agreement, the court may impose consequences to enforce compliance.

Why Enforcement Matters

Violations of divorce court orders are a serious offense. In family court, you have important enforceable rights following a divorce, but you have to take action to enforce those rights in many cases. When your ex fails to live up to his obligations, that can lead to real harm to both you and your children. Enforcement is not a form of revenge but rather a lawful use of the courts for justice and accountability.

What to Do If Your Ex Violates a Court Order

If your ex begins violating a court order, the first step is to document everything. The courts require evidence before they will take enforcement actions. Keep a record of missed payments, custody violations, or broken promises. These can include:

• Bank statements
• Text messages and emails
• Missed visitation dates
• Notes about specific incidents

Don’t delay in contacting an attorney. An experienced family law attorney can take steps to remedy the problem by contacting your ex’s attorney or sending a formal letter demanding a remedy for the violation. If the violation is significant, your attorney can help you gather evidence before filing a motion for enforcement in court.

The attorneys at WSM take enforcement matters seriously. When a former spouse refuses to follow the terms of their divorce, that can lead to material harm to you and your children. We can pursue legal remedies that protect your well-being while holding your ex accountable for their actions.

Legal Options for Enforcement

If your ex refuses to comply with the divorce order, the courts have multiple options for intervening. The courts have a vested interest in enforcing their orders because it protects the rule of law and reminds would-be violators to think twice before violating a court order.

One powerful remedy is to hold the offender in contempt of court. This means that the violator of the court order could be ordered to pay fines, submit to mandatory wage garnishments, or serve time in jail.

The courts have the authority to seize assets if needed. If there are repeated custody violations, a judge may consider modifying the custody agreement entirely. This could mean that the offending parent could have reduced custody rights as a result of their actions.

The accused also have rights, such as the right to an attorney and to be afforded the opportunity to answer for their actions. If the accused former spouse quickly remedies the allegation by paying arrears or taking other mitigating actions, they may be able to minimize or avoid serious penalties.

Considerations for Repeated Custody Violations

Few things are more frustrating than a co-parent who refuses to follow the custody agreement. If your ex is always late, cancels visits without notice, or manipulates your child against you, the situation may escalate beyond inconvenience.

WSM helps women document and respond to repeated parenting time violations. Courts take custody orders seriously. If your child is being harmed or your ability to parent is being undermined, we can help you ask the court for relief.

Sometimes, this means requesting make-up parenting time. In more serious cases, it could mean filing a motion to modify the custody arrangement.

What If You’re Accused of Violating the Court Order?

Not all violations are intentional. Life happens, and unexpected losses of income and other emergencies can disrupt your ability to meet court requirements. One common area of miscommunication deals with child custody exchanges.

Although missing an exchange or being late to an exchange is a serious matter, it doesn’t always rise to the level of a contemptible offense. For example, some parents are caught in traffic or experience other unexpected emergencies.

In these situations, it is important to notify the other parent that you are running late. If your ex is looking for any excuse to take you back to court, you may have to explain the situation to a judge.

Having legal representation in these situations can greatly improve the odds that the courts hear and understand your side of the story. Context matters, and judges have the discretion to consider all the facts of the case before enforcing a court order.

When Enforcement Becomes an Urgent Matter

Some court order violations are not urgent. In other cases, a violation of a court order can lead to an outright emergency. If the other parent refuses to return your child, you could be facing a serious and distressing situation.

Some parents even try to flee the state or hide the child from the other parent. Harassment or stalking after a divorce can leave you fearing for your life. In these cases, a judge may order emergency relief. Temporary restraining orders, emergency custody changes, or emergency hearings can be requested to address serious concerns.

If your child has been withheld from you and you believe the other parent does not plan to return the child, a judge can issue an order for law enforcement to retrieve the child and return them to the other parent.

The courts take these acts of misconduct seriously, and the parent who took it upon themselves to withhold the child for an extended period of time could face serious consequences that could include restricted visitation rights to their child.

Call WSM for a Free Consultation

You don’t have to face court order violations alone. WSM is here to stand with you. Whether you need help collecting unpaid support, enforcing custody rights, or protecting your future, our team is ready to help. Our law firm focuses on representing women, so we understand the unique challenges you are facing.

Call 380-212-3731 today for your free consultation. Let us help you take the next step toward accountability, fairness, and peace of mind.

Frequently Asked Questions About Violations of Divorce Court Orders