Divorce Decree Inforcement
Divorce Decree Inforcement in Utah
After a divorce is finalized in Utah, both parties are legally obligated to adhere to the terms outlined in the divorce decree. However, situations may arise where one party fails to comply, necessitating legal action to enforce the decree. Common issues requiring enforcement include non-payment of child support or alimony, failure to divide assets as stipulated, or violations of custody and visitation agreements.
Steps to Enforce a Divorce Decree in Utah
Identify the Violation: Clearly document how the ex-spouse is not complying with the divorce decree, such as missed payments or denied visitation.
Attempt Resolution: Before seeking court intervention, consider communicating with your ex-spouse to resolve the issue amicably.
File a Motion to Enforce: If informal resolution fails, file a Motion to Enforce Order with the court that issued the original decree. This motion should detail the violations and request enforcement.
Serve the Motion: Legally serve the motion to the non-compliant party, ensuring they are informed of the proceedings.
Attend the Hearing: Both parties will present their cases at the scheduled court hearing. The judge will evaluate the evidence and determine the appropriate enforcement actions.
Potential Enforcement Actions
Contempt of Court: The non-compliant party may be held in contempt, facing fines or jail time until they comply.Income Withholding: For unpaid support, the court can order automatic deductions from the non-compliant party’s wages.
Property Liens: The court may place a lien on the non-compliant party’s property to secure owed amounts.
Seizure of Assets: In certain cases, the court can order the seizure of assets to satisfy unpaid obligations.
FAQs
What if my ex-spouse refuses to pay child support?
Yes, significant changes in circumstances, such as income or living situations, may warrant a modification. You must petition the court for approval.
Can I modify the divorce decree if circumstances change?
The duration of alimony depends on the type of support awarded. Temporary alimony lasts during the divorce process, rehabilitative alimony is designed to help a spouse gain financial independence, and permanent alimony may be granted in long-term marriages where self-sufficiency is unlikely.
How long does the enforcement process take?
The timeline varies based on case complexity and court schedules but typically involves filing the motion, serving the other party, and attending a hearing.
Learn from the Experts
Our Blog
Understanding the Process of Enforcing a Divorce Decree in Utah
Legal Remedies for Non-Compliance with Divorce Decrees in Utah
Parental Rights and Adoption Issues During Divorce Proceedings
Our journey began shortly after I returned from the last deployment of my career. I learn that my children had been moved across the country and I was being told I could only see them on/around summer break and winter breaks. This was alarming given that I was court ordered the majority custody of my children. After one hearing with Porter Law Firm my children were returned into my custody. Unfortunately, what seemed to be a simple enforcement issue, became a bit of a living nightmare. I started working initially with Cassidy, who is a really amazing and caring person, but shortly thereafter worked mostly with Stephanie and Jon directly. Stephanie has been nothing short of phenomenal, there have been too many instances in which I have needed her and Jon's expert advice, and albeit this moderately simple enforcement case became quite complex in the blink of an eye. With that being said, given the complexity, Stephanie and Jon are great at providing quick and accurate answers to the many questions I have had. We are nearing what I hope to be the conclusion of this ordeal and regardless of the outcome, I have felt that they have been there for me when I needed them the most. To be a little more descriptive, there have been many conversations derived by a lot of emotions, (and admittedly I can be a bit long winded) yet each time I am in contact with them it really feels like they are hearing me as more than that of a client, but as a person. While it has been difficult to process that sometimes things take longer than what I would hope they did, I can say that after working with Porter Law-Firm for well over a year, I am grateful for all they have done to help!
Michael Carfaro
August 23, 2024Jonathan and his team are seriously amazing! Jon has represented me in a few different legal matters over the years and I couldn't be more pleased every time. If you need an attorney that actually cares, communicates with you, fights for you and makes sure you understand everything that is going on- Jon literally is the best!
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December 23, 2024Mr. Porter is great at what he does. He was happy to spend some extra time with me to clarify what sections of my stipulation actually meant so I had nothing to stress over. He is trustworthy and just a good dude. I could feel a genuine intention of him actually wanting to help and not just trying to sell me on being his lawyer. I highly recommend him if you are on the search. The reception desk was also extremely friendly and helpful.
Dr Doofenshmirtz
March 23, 2024Jonathan is of great help. Great attorney.
Wayne Higgs
March 23, 2024I had a consultation here today because I wanted to know what I'd need to do if I filed for divorce. They were very knowledgeable and very caring. I was a crying mess and they showed compassion and empathy and I left feeling more confident in myself. Thank you! ❤️
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November 23, 2024Jon was very professional and handle my sensitive custody case. He got a good out come and I was very pleased with how well he handled all the punches my exs lawyer through out. I would recommend Jon over and over again. We have now been using him for 4 almost 5 years for my custody stuff and now my husband. I will always recommend him.
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March 23, 2024Having to Use a Lawyer is not always my Favorite thing to do, However Porter Law Firm hands down made everything so much less stressful!, Life long Customer here!!
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March 23, 2024Jonathan and his staff at Porter law firm are amazing! I was going through one of the most terrifying and uncertain times in my life. I came in with no knowledge of how this worked feeling embarrassed and ashamed. He never once made me feel like I wasn’t Deserving and he fought for me to the very end! I always felt safe and secure at a time I was most vulnerable!! Thank you for everything !
Michelle Houtz
March 23, 2024Divorce case - I was in a hard spot with a firm that wasn't advocating for me and had already taken a huge chunk of my savings and equity from selling my marital home. I was heartbroken. I sent out a handful of new "contact us online" to different firms in Utah, and Jonathon Porter reached out to me almost instantly and we set up an in-person meeting. Less than a month after retaining Porter Law I already feel I am in better hands. I see the holes that were left open by my previous firm, and where Porter Law is picking up the pieces. They have been more proactive than the large firm I signed with from May - September. I wish I would have started here and saved my heartache and pocketbook from the beginning. If you are in a similar position, looking for new representation I highly suggest speaking with Jonathon. Even though my case is not complete, I truly look forward to working with Porter Law to until we are able to close this chapter. 12/26/2024 - UPDATE: From October when I first met with Porter Law I asked if we could get this done by the holidays and today I open up my email to see my divorce is FINAL and everything has concluded. I am so grateful to Porter Law and their diligence and communication that they had with me. My case wasn't rocket science, but felt like so from the other party. Jonathon and his staff kept things upbeat and positive and they got it done! Thank you Porter Law, you truly were a blessing during this time and I really wish I would have found you sooner!
Kindel P
January 23, 2025
