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The family law court that made the final judgment on your divorce case also has the authority to enforce the provisions of the divorce decree. There are a number of ways the court can force your ex to comply with the child and spousal support terms specified in the decree.
The Judgment of Divorce is a court order . Therefore, if your ex is not following the orders, the court has the power to hold the defaulting party in “contempt of court.” The penalties for contempt are typically a fine or imprisonment . A defaulting party can be jailed for a certain period of time or until they comply with the terms of the court order. While the court can and sometimes does jail people who disobey court orders, they are most interested in getting the person to comply with the terms so imprisonment is usually the last resort.
In cases where a person violates child and spousal support provisions , the court enters a money judgment against the violator, which allows that party's income or property to be seized in order to satisfy the debt. If there is a history of non-compliance, the court can issue an order requiring your ex to post a specific amount of money as “security,” or “sequester” his or her property to ensure future payments are made. If your ex fails to pay the child or spousal support again, the money can be taken from the “security fund,” or the impounded property is sold to pay the money that is owed.
The best way to guarantee your ex does not violate the child and spousal support terms of your divorce decree is to set up payments through an income deduction .
For more information on child and spousal support payments, it is important to contact a qualified divorce attorney who has experience handling matters of child support and alimony. A divorce attorney will protect your legal rights and maximize your interests.