Take Control And Compel Compliance: Enforcement Of Decrees In Utah County
Once a divorce or child custody matter is finalized, the court issues a legally binding decree. This comprehensive document outlines all terms of your agreement, including parenting plans, asset division, parent-time schedules, alimony and child support.
Both parties are legally required to follow these terms completely. When an ex-spouse or co-parent fails to comply, you do not have to sit back and watch your financial stability or parental bonds erode. Taking swift legal action allows you to assert your rights, hold the noncompliant party accountable and bring your life back into order.
At Featherstone Family Law, we help families aggressively address broken agreements. Our lawyer provides the steady, strategic advocacy necessary to enforce your orders throughout the Provo, Orem and American Fork areas.
Utilizing A Motion To Enforce And Order To Show Cause
Under Utah Rules of Civil Procedure, if an individual refuses to follow a finalized domestic relations decree, the aggrieved party can file an Ex Parte Verified Motion to Enforce Domestic Order. Commonly known as an Order to Show Cause (OSC), this request that the court step in to compel compliance.
A Motion to Enforce is a formal document filed with the local district court detailing exactly how the other party has violated the terms of the decree. Once filed, the court schedules a hearing and commands the noncompliant party to appear. This process places the legal burden on your ex-spouse. It requires them to “show cause” or explain to the judge or court commissioner why they should not be penalized or held in contempt of court.
Why You Should Seek A Formal Order To Enforce
It is critical to take swift legal action if your ex-spouse is violating your court orders. You and your children deserve the emotional and financial stability established by your original decree. Common reasons to file an enforcement action include:
- Withholding support: Recovering unpaid alimony or child support balances
- Parent-time violations: Restoring missed schedules or resolving custody disruptions
- Property delinquency: Compelling the transfer of real estate titles, vehicle deeds or retirement assets
During the hearing, if the court finds that the offending party willfully disobeyed the order despite having the ability to comply, the judge can issue strict contempt sanctions. These penalties can include mandatory make-up parent-time, wage garnishment, lump-sum judgments with interest, payment of your attorney fees and even jail time in severe scenarios.
Secure Your Legal Enforcement Remedies Today
You should not have to compromise your peace of mind or struggle financially due to a co-parent’s refusal to follow the law. Let our firm provide the steady, professional direction you need to bring your decree into compliance.
Call 801-960-3359 or message us online to schedule your free consultation with our experienced family law attorney.