After your divorce in California, you may experience difficulties if your former spouse fails to live up to his or her obligations under the divorce agreement. This can sometimes lead to financial problems and may cause you stress that can affect your health and your attitude. Working with a qualified California divorce attorney can be an excellent first step towards enforcing the terms of your agreements. Here are five strategies to consider when taking steps to make sure your former spouse complies with all provisions of your divorce agreement.
Does Your Former Spouse Have the Means to Comply?
Child support and spousal support obligations are dependent on the ability of your former spouse to pay them. If he or she is unemployed or experiences serious financial difficulties, there may be no reasonable way for them to pay the amounts you are owed. In some cases, you may be able to touch base with your former partner to determine whether he or she is currently dealing with money problems. This can save you time and money when determining whether to pursue further action to force compliance with your divorce agreement.
Check Your Paperwork
Your divorce documents may include specific remedies for non-compliance with the terms of your divorce in California. Working with a qualified family law attorney can help you determine the right approach to enforcement of the terms of your divorce and can provide you with the legal support needed to make sure your former spouse complies with all terms ordered by the court.
Determine if Third-Party Interference Is to Blame
In some cases, your ex-spouse may not be responsible for failing to pay child support and spousal support in the approved manner. If the funds are not withheld by the employer, you may need to pursue legal action against this company or entity to force them to comply with the court-ordered instructions for garnishment or withholding of wages in your divorce agreement. Working with a lawyer who specializes in divorce in California can help you to take the right steps to obtain the financial support to which you are legally entitled.
Regardless of the approach you choose, persistence is the key to success in making sure your former spouse complies with the terms of your divorce. Working with a knowledgeable and experienced family law attorney can help you with this process and can provide you with the tools you need to ensure that you receive the payments to which you are entitled and that all provisions of your divorce agreement are being followed.
Filing for Contempt of Court
If all else fails, you may be able to file a contempt of court order with the California court system to compel your former spouse to comply with the provisions of your divorce agreement. This is usually a criminal proceeding that alleges that the accused has knowingly and willfully violated a valid court order. Failure to pay child support or spousal support can result in contempt of court rulings. Violation of domestic violence restraining orders can also be considered contempt of court and could lead to punitive action on the part of the state of California.
If you need professional help enforcing the terms of your California divorce, working with an experienced and knowledgeable attorney like Julia Ann Brungess can provide you with the guidance and support you need to accomplish your objective. This can help you enjoy greater financial stability and improved personal security as you build your new life after your divorce.