Helping Clients Enforce Their Family Law Decrees With Orders To Show Cause
Once a divorce or child custody matter has been settled by the court, a legally-binding decree is issued. This legal document stipulates all of the details of the new agreement, including parenting plans, asset division, visitation, alimony (spousal support), child support and more. Both parties are expected to abide by all of the terms stated in the decree. If one party does not, it can be incredibly frustrating. If you find yourself in this position, you may need to have the terms of the decree enforced.
At Featherstone Family Law, we know that the terms of a divorce or child custody decree can greatly impact all parties involved, especially children. However, it is essential that the exact terms of the decree be followed. Our firm has the experience necessary to help clients in the Provo and Orem, Utah, areas who need legal help enforcing any type of family law decree.
Orders To Show Cause (OSC)
Before a decree can be issued in a divorce or child custody matter, both parties must agree on it. If one person refuses to follow the terms of the decree after it’s been settled, then the other party can use an OSC to get them to comply as they’re supposed to.
An OSC is a document that is filed with the court that details how your ex-spouse or the parent of your child is not in compliance with the terms of the established decree. Once an OSC is filed, the non-compliant party will be given the opportunity to explain the situation and respond; they may provide evidence of how they have in fact complied with the order or explain why they have been prevented from complying with the terms.
Why You Should File An OSC
It is important to take action if your ex is not complying with the terms of your decree. You, and your child, deserve to have the terms followed in order to maintain everyone’s lives and best interests. While you may not want to stoke any additional arguments if unnecessary, you have a right to have the terms of the decree followed. The agreement was settled by the court with both parties present and needs to be followed judiciously.