After going through the emotional and often complex divorce process, both parties expect the terms of their Divorce Decree to be followed. However, there are situations where one spouse fails to comply with the agreed-upon terms, whether related to asset division, spousal support, child support, or visitation rights. That’s where The Saul Law Firm steps in.
We have extensive experience helping individuals enforce Divorce Decrees and/or other Court Orders and we will work closely with you to protect your rights. We understand your emotional and financial burdens and can help to lift them by providing compassionate representation and caring, efficient service. Contact us today to consult with an experienced divorce enforcement attorney.
What Is Divorce Enforcement?
Divorce enforcement refers to the legal actions taken to ensure that both parties follow the terms outlined in a Divorce Decree. Once a Divorce Decree is finalized, it becomes a legally binding Court Order. Each party is legally obligated to comply with the terms, whether paying spousal support, dividing assets, or following a parenting plan. If one party refuses or fails to comply, the other can seek legal remedies to enforce the Court’s Orders.
Common Issues Requiring Divorce Enforcement
Several areas of a Divorce Decree can require enforcement if one party fails to meet their obligations:
- Spousal support (alimony): One of the most common reasons for seeking enforcement is when a spouse refuses or neglects to pay court-ordered support.
- Asset division: If one spouse refuses to turn over property, accounts, or other assets as stipulated in the Divorce Decree, enforcement may be necessary.
- Child support: Non-payment or delayed child support payment is another frequent issue.
- Child custody and visitation: Enforcement actions may be taken when one parent prevents the other from seeing their children or fails to comply with the visitation schedule.
- Debt allocation: In some cases, one spouse might refuse to take responsibility for debts the Divorce Decree allocated to them.
No matter the issue, we will guide you through the process and always stand by you.
Enforce a Divorce Decree on Long Island
If your ex-spouse is not complying with the terms of your Divorce Decree, the courts can take several legal steps to enforce it, including:
Wage Garnishment
An income withholding order or wage garnishment can be an effective solution for unpaid spousal support or child support. This order directs the non-paying spouse’s employer to automatically deduct the amount owed from their paycheck and send it directly to the receiving spouse. Income withholding orders are instrumental if a spouse consistently fails to make timely support payments.
Property Liens
In cases where a spouse refuses to divide assets or turn over property as required, the Court can place a lien on the non-compliant spouse’s property. If the property is sold, the proceeds will first pay off the outstanding lien to the other spouse before the spouse can collect any profits.
Seizure of Assets
The Court can also authorize the seizure of certain assets, such as bank accounts or vehicles, to satisfy unpaid amounts owed under the Divorce Decree. This action may be taken when other enforcement methods have failed or if a significant amount of unpaid support or assets have yet to be transferred.
Judgment Enforcement
If your ex-spouse owes you money under the terms of your Divorce Decree, you can request a judgment from the Court. A judgment can allow you to take further action, such as seizing property, garnishing wages, or levying bank accounts to collect the amount owed.
Protecting Your Rights After Divorce
When one party fails to honor the terms of a Divorce Decree, it can create significant financial and emotional burdens for the other party. Whether unpaid spousal support or an asset that hasn’t been divided, enforcing the Decree is essential to protecting your rights and ensuring both parties uphold their responsibilities.
At The Saul Law Firm, we understand the frustration and stress of a non-compliant spouse. Our team is dedicated to helping you resolve these issues swiftly and efficiently. We will work with you to file the necessary motions, represent you in Court, and protect your rights. Trust us to help you enforce the terms of your Divorce Decree so you can move forward with your life.
Talk To Our Experienced Garden City Divorce Enforcement Attorney
If your spouse refuses to live up to the terms of a Divorce Decree, turn to The Saul Law Firm. We are highly regarded as skilled divorce attorneys and compassionate people who care about clients. Call today to discuss your case in confidence.
The Saul Law Firm, LLP helps clients throughout Garden City, Nassau County, Suffolk County, Long Island, Queens, Garden City, Brooklyn, New York City, the Bronx, Staten Island, and Westchester County.