How Can I Enforce a Divorce Decree Against a Non-Compliant Husband?

When a spouse fails to comply with the terms of a divorce decree, it can cause significant hardship, especially if the issues involve child support, alimony, custody, or property division. If your husband is not adhering to the decree, there are several legal actions you can take to enforce it and ensure that you receive the benefits or rights that were legally established in the divorce settlement.

Steps to Enforce a Divorce Decree

1. Review the Divorce Decree: Ensure you fully understand the terms outlined in the divorce decree. If you're unclear about any provisions or feel that they have been violated, consult with your attorney for clarification. The decree should contain specific instructions about the obligations of both parties, and identifying exactly where non-compliance has occurred is key.
2. Attempt Direct Communication: Before taking legal action, consider communicating directly with your husband, either in writing or through a formal letter. Sometimes a gentle reminder or a request for voluntary compliance may resolve the issue without further legal intervention. This also creates a record of your attempts to address the issue amicably.
3. Document the Non-Compliance: Keep detailed records of all violations of the divorce decree. This might include missed child support payments, failure to abide by custody arrangements, or property that was not divided as stipulated. Evidence, such as bank statements, text messages, emails, or court records, will be necessary for any legal action.
4. File a Motion for Contempt of Court: If your husband continues to ignore the divorce decree, you can file a motion for contempt in the court that issued the decree. A contempt motion asks the court to enforce the decree and penalize the non-compliant party. If the court finds that your husband willfully violated the terms of the decree, he could face penalties, such as fines, wage garnishment, or even jail time in extreme cases.
5. Request Wage Garnishment or Income Withholding: If the violation involves child support or alimony, you can request that the court issue an order for wage garnishment, which automatically deducts payments from your husband's paycheck. This is one of the most effective ways to ensure that financial obligations are met.
6. Seek a Property Settlement Enforcement: If the issue involves the division of property (such as non-transfer of assets or failure to pay a lump sum settlement), you may be able to request that the court order the transfer of property or assets as specified. This may include liquidating property or enforcing liens on real estate.
7. Request a Modification or Clarification: If your husband's non-compliance is due to a change in circumstances (such as a job loss, illness, or financial hardship), you may need to request a modification of the divorce decree. However, this requires proving that the modification is in the best interest of all parties, particularly children, and should not be used as a way to avoid obligations.
8. Enlist the Help of a Collections Agency: For overdue child support or alimony payments, you might also consider working with a child support enforcement agency or private collections service to recover the owed funds. These agencies can take actions like intercepting tax refunds or applying penalties to secure payments.

Legal Protections and Penalties for Non-Compliance

1. Financial Penalties: A court can impose financial penalties on a non-compliant spouse, such as fines, interest on overdue payments, or additional costs to cover your legal fees for enforcing the decree.
2. License Suspension: In some cases, if your husband fails to pay child support or alimony, the court may suspend his driver's or professional license until the obligations are met.
3. Jail Time: For serious or repeated non-compliance, a judge can hold the non-compliant spouse in contempt of court and issue a jail sentence. However, this is typically a last resort and often used for situations involving deliberate and ongoing disregard for court orders.
4. Property Liens or Forfeitures: If your ex-husband fails to divide property as per the decree, the court may place a lien on his assets (e.g., real estate or bank accounts) until the property is transferred. In some cases, the court might even order the sale of assets to satisfy the terms of the settlement.

Example

Suppose a wife is not receiving the monthly child support payments agreed upon in the divorce decree. Here's what she can do:

• Document the missed payments and gather bank statements or other evidence showing the lack of payments.
• Contact her ex-husband in writing to remind him of his obligation and request the overdue payments.
• If there's no resolution, file a motion for contempt in family court, asking the judge to enforce the payment and impose penalties.
• The court may order wage garnishment to ensure future child support payments are made directly from the husband's paycheck.