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Divorce

My Ex is Not Following The Court Order. What Should I Do?

When a party is not complying with the terms of a Court Order, you have the right to seek relief from the Court via a Motion for Order to Show Cause. A motion for Order to Show Cause requests that the Court Order the other party to appear before the Court and explain why they are not following the Court Order. If the Court finds there is no justification for their lack of compliance they can be held in contempt of court.

Contempt findings can include sanctions up to $500 per act of contempt, an award of attorney’s fees, and in very severe cases, incarceration to force compliance. Now, note that most contempt in the family law context is civil in nature, meaning you are seeking the Court to force compliance by the other party, not necessarily punish the party for their lack of compliance. Criminal contempt can be utilized in family court for egregious violations (such as perjury/lying in court) and can carry with it criminal penalties, including incarceration.

By Andriea Aden
June 12, 2019

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