Enforcement of Judgement/Order After Divorce

 

Are you looking for an experienced attorney that handles enforcement of judgement/order in Albuquerque, NM?  At times, the hurricane of emotions that engulf a divorce continue after the process is finished.  With some divorces, an ex-spouse refuses to follow the divorce’s judgement or order.  When this happens, the stress and frustration of divorce can continue unnecessarily.

Let’s examine some of the common ways that divorce orders are violated.  In doing so, let’s unpack the process of enforcement of judgement/order after divorce in New Mexico.

 

WRITTEN COMMUNICATION WITH DEADLINE

 

Is your ex refusing to follow your Martial Settlement Agreement or Parenting Plan?  Does your divorce judgement/order clearly set a deadline for your ex to meet a requirement?  If so, you should begin with sending your ex a written communication.

This communication can be a text or email.  A “written” communication doesn’t need to be something formal and outdated.  For instance, the communication doesn’t need to be written with a feather pen, under candle light, and sealed with wax.

 

 

The text or email should include the following:

• The court’s order;
• Deadline (if any) to meet the court’s order;
• A demand for your ex to immediately follow the court order;
• Deadline to fulfill the court order (usually 15 days); and
• The need to involve the courts if the order is not immediately fulfilled.

Here are some common situations that involve enforcement of judgement/order after divorce.

 

REFINANCING HOME AND QUIT CLAIM DEEDS

 

Marital homes are community property that must be split upon divorce.  Homes are usually split in the following ways:

• One spouse keeps the home, buying out the other spouse’s interest; or
• The parties sell the home and split the equity or debt.

In situations where one spouse keeps the home, the home usually must be refinanced.  Accordingly, the Marital Settlement Agreement should contain language and deadlines involving the home’s refinance.  At times, an ex-spouse refuses to participate in the refinance process.  This refusal can take place in the following ways:

• Refusing to sign a Quit Claim Deed;
• Failing to sign necessary papers; or
• Delaying or interfering with the refinance process.

Is your ex acting in bad faith and refusing to participate in the refinance process?  Is your ex’s refusal hurting your credit, or preventing you from moving forward with your life?  If so, you should begin by sending your ex the written communication discussed above.

If this communication does not resolve the issue, you should then file a Motion for Enforcement of Judgement/Order.  In doing so, your Motion puts the court on notice of your ex’s bad faith actions and violations.

 

TRANSFERRING TITLE TO VEHICLES — ENFORCEMENT OF JUDGEMENT AFTER DIVORCE

 

Vehicles that are purchased during the marriage are considered community property.  Even when a vehicle is purchased in one party’s name, the equity or debt built during the marriage is community property.  This means that the vehicle’s equity or debt will be split 50-50 upon divorce.

A divorce’s Marital Settlement Agreement may grant one spouse full ownership of a vehicle.  In doing so, the MSA may require:

• A spouse receiving the property to refinance the vehicle into their name alone;
• The other spouse to sign any documents needed to complete the refinance.

At times, an ex-spouse may refuse to follow the court order.  In doing so, the spouse may refuse to sign the necessary MVD Transfer of Title.  Otherwise, an ex-spouse may refuse to sign any other documents that are necessary to complete the refinance.

In either situation, a Motion for Enforcement of Judgement can be filed when the divorce order is being violated.

 

CHILD SUPPORT — HOW TO ENFORCE CHILD SUPPORT ORDER IN NEW MEXICO

 

A divorce that involves children must include a child support order. In some cases, both parents agree that no child support will be paid.  Even in this situation, the court order must include a child support worksheet that shows the child support that should be paid under New Mexico law.

Most cases involve a clear child support amount.  For instance, Father may be required to provide Mother with $500 in monthly support.

Do you have a clear court order regarding child support?  Is you ex refusing to pay child support?  If so, you can file a Motion for Enforcement of Judgement/Order.

 

ALIMONY/SPOUSAL SUPPORT — ENFORCING DIVORCE JUDGEMENT/ORDER

 

Like child support, some divorces include a monthly alimony/spousal support payment.  For more information on alimony/spousal support, click here.

Does your MSA or divorce order provide you with spousal support?  Is your ex refusing to pay the court ordered alimony/spousal support?  If so, you can file a Motion for Enforcement of Judgement/Order.  In doing so, the court can enforce the mandatory spousal support payments.

 

PARENTING PLANS

 

Every divorce with children must include a Parenting Plan.  A Parenting Plan covers the follows areas:

• Custody;
• Regular Visitation;
• Holiday/Vacation Visitation; and
• Child Support.

A Motion for Enforcement of Judgement/Order can be filed when your ex refuses to follow your court ordered Parenting Plan.  Is your ex violating your Parenting Plan?  If so, it is important to immediately speak with an experienced attorney.  Failing to immediately file a Motion for Enforcement of Judgement can cause:

• An argument that visitation was refused;
• A new status quo to form that impacts future visitation; or
• The court to believe that the violation was based on good cause.

ATTORNEY FEES — ENFORCING DIVORCE DECREE IN NEW MEXICO

 

Almost every Motion/Petition that is filed with the court includes a request for attorney fees.  This request is “copy and pasted” on every legal document to preserve the request.  In other words, failing to request attorney fees prevents the court from awarding fees.  With that said, just because a Motion/Petition requests attorney fees does not mean that the court will grant attorney fees.

In practice, New Mexico family courts rarely award attorney fees. For more information on NM courts awarding attorney fees, click here.

Despite a reluctance to award attorney fees, NM courts usually award attorney fees when a Motion must be filed to enforce a clear court order.  Because of this fact, attorney fees should be awarded when an ex is refusing to follow a court order.  With that said, even when attorney fees are awarded, the award usually is only a portion of the fees.  In other words, you likely will not receive a dollar-for-dollar award – even if attorney fees are granted.

 

EXPERIENCED ATTORNEY FOR ENFORCEMENT OF JUDGEMENT/ORDER AFTER DIVORCE

 

For over a decade, Sanchez has handled divorces all across New Mexico, including: Albuquerque, Santa Fe, Socorro/Estancia, Rio Rancho, Los Lunas/Belen, and Gallup/Grants.  Talk to a seasoned and successful divorce attorney that knows what they are talking about. Talk to (505) SANCHEZ.