A divorce decree is a court order that outlines the terms of a divorce, including child custody, support payments, property division, and spousal support. When one party fails to comply with these legally binding terms, it can create stress and financial hardship for the other party. Fortunately, Utah law provides several legal remedies to enforce compliance and hold non-compliant parties accountable.
One of the most effective ways to address non-compliance is by filing a motion for contempt with the court. Contempt of court occurs when a person willfully disobeys a court order, such as refusing to pay child support or violating custody arrangements. If the court finds a party in contempt, penalties can include wage garnishment, fines, or even jail time in severe cases. A motion for contempt requires presenting evidence that the other party is deliberately failing to comply with the divorce decree.
For unpaid child support or spousal support, Utah courts have multiple enforcement tools. Wage garnishment is a common method, where a portion of the non-compliant party’s income is automatically deducted and sent to the receiving party. Other financial penalties can include tax refund interceptions, bank account levies, and liens on property. The Utah Office of Recovery Services can assist in collecting overdue child support payments and ensuring future payments are made on time.
If one parent is refusing to follow the custody or visitation schedule, the affected parent can file a motion to enforce the parenting plan. Courts in Utah prioritize the best interests of the child and may modify custody arrangements if one parent repeatedly denies the other their court-ordered time. Judges may also impose fines, require make-up parenting time, or in extreme cases, adjust custody in favor of the compliant parent.
When property division orders are not followed, the court can take legal steps to enforce the transfer of assets. If an ex-spouse refuses to sign over property or pay debts assigned in the decree, the court may order asset seizures, assign legal ownership to the rightful party, or impose financial penalties. In some cases, law enforcement may be involved to ensure compliance.
Non-compliance with a divorce decree can be frustrating and financially damaging, but legal options are available to hold the other party accountable. Whether dealing with unpaid support, parenting plan violations, or property disputes, enforcing a divorce decree requires legal action and strategic planning. Seeking assistance from an experienced family law attorney can help ensure that your rights are protected and that the court order is properly enforced.
We know this blog may raise more questions than it answers. If you need help enforcing your divorce decree in Utah, contact our firm today to discuss your options and take the necessary legal steps to secure your rights.