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What Happens if My Former Spouse Violates Orders in Our Divorce Decree?

On Behalf of | Jun 13, 2021 | Divorce

What happens if my former spouse violates orders in our divorce decree?  How serious is this and what can be done to get them back into compliance?

The orders issued at the end of your divorce in San Diego are a “Court Order.”  Violating a court order can and will lead to serious consequences.  The leading sources of post-decree litigation in San Diego divorce cases are usually associated with one of the following:

The Judge in your case has issued these orders and the Court expects each party to abide by the instructions contained within them.  Unfortunately, there are often actions taken by one of the parties, either intentionally or due to a change in circumstances, which are in violation of the orders of the Family Court in your case.  We are often asked “What should I do if my former spouse violates orders in our divorce decree and isn’t holding up their end of the deal?”

The good news is there are multiple ways to resolve a violation of orders in a Family Law case.  The specific strategy will depend a lot upon the nature of the violation.

When our Family Court issues orders concerning child custody and parenting time the Judge expects them to be strictly adhered to.  Some of the most common examples of these types of violations include, but are not limited to:

  • Missing scheduled parenting dates or making excuses why a child is unavailable for scheduled visitation
  • Repeatedly being late to pick up or drop off the child(ren)
  • Traveling out-of-state or out of the US without the consent of the Court or the other co-parent
  • Move away and relocation without consent

There are occasions when illness or some other issue out of the control of either party interrupts custody and visitation.  However, when a behavior is consistent or persistent it is time to seek the advice and counsel of the Certified Family Law Specialists at Burke & Domercq.  Violation of custody and parenting time orders can result in substantial changes to existing orders and in serious cases loss of custody or visitation privileges altogether.  Moving away or relocating with children without the Court’s advance approval can result in serious criminal charges up to and including kidnapping.

What happens if my former spouse violates orders in our divorce decree relating to child support or spousal support?  There are specific legal remedies for those who are consistently behind or are missing payments of child support or spousal support.  The Family Court and child support enforcement have the authority and power to compel payment from your former spouse.  In serious cases, the Judge may find your former spouse to be in “contempt” of the Court and order a short jail sentence and substantial community service.

The experienced Certified Family Law Specialists at Burke & Domercq can help you with all of these matters.  If an unannounced move-away or relocation has occurred we take immediate emergency action to seek the return of your child(ren).  We work to help recover back child support and spousal support.  We protect our clients interests and seek corrective orders and in cases concerning custody and parenting time.

Protect your own interests and contact us or call 760-389-3927 to schedule an appointment for a remote or socially distanced consultation with one of our experienced Certified Family Law Specialists.