Going through a divorce can be difficult enough on its own. When it’s over, you hope to put it behind you and move on with your life. After all, the issues were dealt with in court and the judge has made orders everyone is required to follow. Unfortunately, those orders aren’t always followed – so what can you do?
Some court orders are ongoing
When a divorce is finalized and the court issues its final judgment, some issues are handled immediately and permanently. Property is divided between the spouses. If an asset has to be sold, it is sold. However, some orders can continue for years, mandating compliance by all parties for many years. Child support, alimony and visitation are examples of these ongoing obligations.
You can ask the court to enforce the order
An ex-spouse may stop paying child support or alimony. A grandparent may be entitled to visitation that a parent forbids. Whatever the case, this is a situation where the court has made an order that one person is no longer following. You’ve communicated with them and tried to remind them that the law requires them to do the thing they’re failing to do, but it’s not having any effect.
Utah law gives you the option of returning to the court which issued the order and telling them that the person is not following it. You can file an affidavit with the court stating when the order was made and the date it was made on. If you believe the other party should be held in contempt of court, you can ask the court to do so. You can also have the other party ordered to court to explain why they have not followed the court’s order.
It can be very frustrating when someone does not live up to their obligations, but you have options. If you need help enforcing a court’s orders, seek the assistance of an experienced professional to guide you through the process. The courts take violations just as seriously as you do.
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