Congratulations! Your divorce is finalized. After a process that feels like forever, you’re probably ready to be done with the court system once and for all. What happens, though, when your ex does not honor the terms of your legal agreement?
Let’s look at some commonly violated court orders and see how they can be resolved.
- Failure to provide child support payments: The Missouri Department of Social Services (MDSS) is in charge of monitoring and enforcing compliance with child support orders. Through their Family Support Division (FSD), the MDSS can withhold income from wages for current and past-due child support. They can also requisition federal tax returns or suspend your ex’s driver’s license until child support is paid, among other actions. Child support delinquency can also be handled by family court judges.
- Noncompliance with custody and visitation orders: When a parent violates a custody order, their noncompliance is taken very seriously. In extreme cases, violations can lead to kidnapping charges. Because of this, the local police department may be able to enforce your order. If the actions of your ex are not that severe, however, or you’d prefer to handle things a different way, family court is always an option.
- Neglect of spousal support: Just like your divorce, this matter is between you and your ex. If you cannot agree even after the divorce, you will likely have to return to family court.
- Hidden or denied assets: If you suspect your spouse is hiding assets, you should contact a divorce attorney right away. These issues typically play out in family court.
If you choose to uphold court orders in family court, the first step is to file a petition with the court. Then, you can provide an explanation of your ex’s noncompliance. Finally, you can hold your former partner in contempt. When you do this, you will be forced to go back to family court and prove that your ex intentionally or willfully violated one or more court orders. In Missouri, this is a serious process that could result in jail time for your former spouse.
As such, you will want a trusted lawyer on your side. At Smith Law Offices, LLC, we understand that every client is different, and we never use the same approach twice. After getting to know your needs, we will help you determine the best plan of action for you and your family.
Get started today with an online contact form or a phone call to (636) 400-1177.