Divorce settlement agreements are meant to bring finality and closure, but this is not always true. Sometimes, one party might refuse to comply with the terms, making the process’s aftermath more challenging.
New Jersey courts take violations of divorce agreements seriously, and you, as the aggrieved party, have the right to pursue legal action.
You can take action against an uncooperative ex
There are various remedies that you can take if your former spouse is not following the divorce settlement agreement, such as:
- Filing a motion for enforcement: You can ask the court to enforce the existing order.
- Seek contempt of court charges: If your ex willfully disobeys a court order, they may face contempt charges, which can mean fines, penalties or even jail time.
- Request wage garnishment: For unpaid child or spousal support, the court can order direct deductions from your former spouse’s paycheck.
- Pursue property liens: The court may place liens on your ex’s property to secure payment of financial obligations.
- Modify the existing agreement: If circumstances have changed significantly, you may request modifications to the original terms.
Divorce settlement agreements are legally binding contracts. This means when your former spouse violates these terms, they are not just being difficult but also breaking the law.
Do not waste time – act quickly
Time is of the essence in this situation, especially if there are children in the mix. You need to document all instances of your ex’s noncompliance, such as missed payments, violated visitation schedules or any other breaches of the agreement.
A skilled divorce attorney in New Jersey can advise you on which legal remedy best suits your unique situation and eventually help you pursue it. This way, you can move forward with your life without any more financial and mental stress.
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