There can be a number of legal and financial consequences for failing to comply with a divorce decree or Marital Settlement Agreement in New Jersey. Divorce decrees as Settlement Agreements are legally binding Court orders that must be followed. When either party fails to comply, they may be held in contempt of Court and face other penalties.
Unless there is a Court-ordered modification, a divorce decree must be followed. A skilled divorce lawyer can help ensure that individuals are held accountable when a divorce order is not followed.
When an ex refuses to comply with a divorce decree, it can be not only frustrating but also financially straining. A person in non-compliance can face serious consequences from the Court, including contempt.
Non-compliance with a Court order after a divorce can look different depending on the situation. The truth is, however, that any failure to comply with a divorce judgment can result in sanctions, fines, and other penalties.
Examples of non-compliance after divorce:
There are several legal and financial consequences for breaking a divorce judgment or divorce decree in New Jersey. It is imperative for both parties to remain in compliance with all Court orders throughout the divorce proceedings, including after they are completed.
In New Jersey, when someone ignores a provision of a Judgment of Divorce or another Family Part order, the Court can step in to enforce litigant’s rights. This is commonly done through a post-judgment motion asking the Court to enforce the existing order (and, in appropriate cases, to impose remedies designed to make the non-compliant party follow it).
If the Court finds that a party willfully failed to comply, the Judge may order a range of enforcement measures. Under New Jersey Court Rule 1:10-3, the Court can award relief to compel compliance and, in its discretion, may also award counsel fees to the party who had to bring the enforcement application. In family matters, the Court may also grant additional remedies, which can apply to violations involving parenting time, support, and certain other family orders.
Depending on what was violated, legal penalties and enforcement tools may include things like:
In the most serious situations, if a party continues to defy Court orders, the Court can escalate its response. Exactly what happens is highly fact-specific and depends on the type of order, the reason for non-compliance, and what the Judge believes is necessary to enforce the Court’s authority.
In addition to legal penalties, a party may face financial consequences for failing to comply with a divorce decree in New Jersey. Financial consequences and enforcement actions by the Court may include wage garnishment, payment of fines and fees or even arrest.
There are several steps a person can take if their ex is ignoring a Court order to sell a house. In every case, it is strongly recommended that a person work with an experienced family law attorney to take the appropriate legal steps.
When a judgment requires the house to be sold (or refinanced, or transferred) and one party refuses to cooperate, the other party may seek Court enforcement. In New Jersey, that often means filing a post-judgment enforcement motion asking the Court to enforce the existing terms and address the non-compliance, and possibly requesting a Power of Attorney.
When an ex refuses to pay spousal support or any other portion of a divorce settlement, they may be in violation of a Court order. When an ex refuses to pay, it can create financial stress. A party entitled to a settlement can request that the Court enforce the order. It may result in wage garnishment or income withholding. Unpaid support may also be collected through intercepting tax refunds or placing a lien on an asset or property.
Divorce judgments are enforced through the Court system, most commonly by filing an enforcement motion in the Family Part. New Jersey provides self-help guidance and a post-judgment motion packet that includes “enforce litigant’s rights” as a common request.
A motion to enforce litigant’s rights generally tells the Court what the prior order required and how the other party failed to comply.
Depending on what was violated, legal penalties and enforcement tools may include things like:
The Court’s response depends on the type of violation and the facts. In parenting time matters, Rule 5:3-7 recognizes a range of potential remedies when an order is violated.
The Court has several options in the event a party has violated a divorce decree, including ordering post-decree modifications. The Court can also order the payment of fines or fees, place a lien on property or a specific asset, request income withholding, or, in extreme circumstances, order a person to be taken into custody.
It is strongly recommended that a person contact a family law attorney whenever there is a suspected or known violation of a divorce decree. Violating a Court order is a serious offense that can have both legal consequences and financial implications. It can also cause unnecessary financial hardship for the non-violating party. An attorney can help to ensure that Court orders are followed and enforced if there is a violation.
If you suspect that your ex violated a divorce decree in New Jersey, you should contact Rozin|Golinder Law for a consultation.
Call us today at (732) 377-3367 for a confidential case evaluation.
A violation is generally any failure to follow a term of the Judgment of Divorce or another enforceable family Court order. Common issues include support nonpayment, failure to comply with property division terms, and parenting time violations.
In New Jersey, many people address this by filing a post-judgment motion to enforce litigant’s rights and requesting appropriate remedies from the Court.
If spousal support or alimony was part of a divorce decree, your ex must pay the Court-ordered support unless a modification is made. If a person can show good cause for not paying spousal support or for a reduction, the Court may order a post-decree modification. However, a party cannot stop paying or reduce payments without going through the Court.
There are both legal and financial consequences for violating a divorce decree. Enforcement options typically depend on the type of violation. An attorney can provide guidance on the consequences that may apply for failing to comply with a divorce decree.
Yes, a person can be held in contempt of Court if they are found to be wilfully non-compliant with a divorce decree. A Court will generally hold a hearing to determine whether the alleged violation was intentional or whether there was good cause for it. If the Court determines that the party lacked good cause for the non-compliance, the party can be held in contempt.
It is strongly recommended that you contact an attorney if your ex is not in compliance with a divorce decree. An attorney can help to determine the best course of legal action after a violation.
