DECREE ENFORCEMENT CAN GET YOU BACK CHILD SUPPORT, CHILD CARE OR MEDICAL FEES AND OTHER RELIEF THROUGH AN ORDER TO SHOW CAUSE HEARING!
If your ex-spouse is not paying child support, child care or medical expenses, or is bad mouthing you to your children, you need decree enforcement. You need to motion the court to hold an order to show cause hearing. Click here if you’re looking to change your decree. If you are looking to set aside your decree, please see here.
These are the steps you need to take to start the process: (1) a Motion, detailing the violations of your ex; (2) a declaration in support of the motion along with supporting evidence; and (3) a proposed order which you will have the court sign and then serve upon your ex-spouse. You will need to schedule a date for the hearing with at least 28 days so your ex-spouse has enough time to respond. Be aware that during this 28 day period your ex-spouse may also bring their own motion against you. You should respond if this happens.
WHAT WILL HAPPEN AT THE HEARING?
The court will consider the language of the decree, the testimony of the parties, and any evidence introduced. The court will then make a judgment. You will need to summarize your argument. Make sure your argument is concise and that you do not focus on your personal feelings. The court then makes a judgment on contempt. Possible punishments include (1) fines, (2) jail time, (3) community service, and (4) parenting classes. The court may also order other things as appropriate.
This is not a quick process, and that frustrates people. It can sometimes take several hearings.
Decree enforcement can be intimidating. It’s not easy to stand up before a commissioner and plead your case persuasively. Judges are overworked, and will often lose focus or become frustrated if you don’t quickly get to the point. At Solon Law, we can provide you with quality representation that will help you put forth the best case possible to increase your chances of holding your ex-spouse in contempt. We take the time to listen to your problems, and collaborate in creating a motion that is best designed to get results. We also provide flexible representation options that can fit your budget.
Divorce doesn’t have to be a constant source of stress. If you’re ready to put a stop to your ex’s indiscretions, get your motion for an Order to Show Cause ready today! Call us now and we can help you enforce your decree.
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