What To Do When Your Ex Won’t Follow Child Custody Order or Divorce in Albuquerque, New Mexico?

 

 

After celebrating your divorce it happens — your ex refuses to follow the divorce order.  At times, after a divorce is granted one party refuses to follow the Marital Settlement Agreement (assets/debts) or the Parenting Plan (child custody, parents time-sharing and child support).  Here is what you need to know about violating a divorce order in Albuquerque, New Mexico.

 

VIOLATING DIVORCE ORDER REGARDING ASSETS OR DEBTS

 

The defiant party refuses to pay off the debt that they were ordered to pay, transfer title to the marital residence, return personal property, make the requisite alimony payment, or fails to follow any other agreement that was reached within the Marital Settlement Agreement.

 

NOT FOLLOWING DIVORCE ORDER WITH CHILD CUSTODY AND PARENTS TIME-SHARING 

 

Similarly, a party to the divorce may also refuse to follow the terms of the Parenting Plan. The party may refuse to pay child support, follow the parents time-sharing arrangement, or prevent the other parent from speaking with the child during periods of parental visitation. A parent may also disparage the other parent while in the child’s presence, or violate any number of requirements set forth in the Parenting Plan.

In situations like these a person becomes frustrated with the legal system and can be left with the impression that the Court’s Order is nothing more than words typed on a piece of paper. The person in this situation sometimes asks the question: “What can I do when my ex refuses to follow the Court’s Order?”

Good question.

Court’s take non-compliance seriously and there are a number of options available when the other party to a divorce –  or any other family law matter –  refuses to follow the Court’s Order.

 

MOTION TO ENFORCE DIVORCE DECREE FROM NEW MEXICO 

 

The first option is to file a Motion to Enforce, putting the Court on notice that the other party refuses to follow the Court’s Order, and asking the Court to take action. In these situations the Court generally will:

• Admonishes the party for failing to follow the Order, setting a firm deadline for the party to fulfill the requirement;
• Award attorney fees for the cost of filing the motion; and
• Warn the non-complying party that they will be held contempt of court if they fail to meet the deadline that has been established.

 

MOTION FOR ORDER TO SHOW CAUSE FOR VIOLATING DIVORCE DECREE 

 

The second option is to file a Motion for Order to Show Cause, asking the Court to hold the other party in contempt of Court for failing to follow the Court’s Order. These Motions are generally used when the nature of the violation is very serious. Because the individual is asking the Court to exercise its contempt powers – which include the power of incarceration – the Motion must be filed and then personally served on the other party.

 

WHAT HAPPENS IF YOU DON’T FOLLOW A DIVORCE DECREE IN NEW MEXICO? 

 

Generally speaking, the likely result is that the Court will set a firm deadline for the requirements to be met, with the penalty of being held in contempt of Court for failing to comply with the deadline.  Additionally, with a Motion to Enforce and Motion for Order to Show Cause, the Court can award attorney fees, or any costs that a party was forced to incur, in order to request consequences for breaking the divorce decree in New Mexico.

 

HOW TO ENFORCE A CHILD CUSTODY ORDER IN ALBUQUERQUE, NEW MEXICO

 

In situations where a parent fails to follow the terms of the Parenting Plan – or the Time-sharing and Custody Agreement when the parents were never married – a parent may file either of the Motions above. Alternatively, the parent may file a Motion to Modify Custody and Time-sharing, stating that there has been a significant and material change in circumstance – based on the other parent’s failure to follow the court’s order – and arguing that the parents time-sharing and child custody arrangement should be modified based on the other parent’s inability to follow the Court’s Order in Albuquerque, New Mexico.

 

(505) SANCHEZ IS HERE TO EXPLAIN WHAT TO DO WHEN YOUR EX WON’T FOLLOW CUSTODY ORDER OR DIVORCE IN ALBUQUERQUE, NEW MEXICO?

Do you still have questions about what to do when your ex won’t follow Custody order divorce in Albuquerque, New Mexico?  Enforcing court orders  often requires the experienced hand and knowledge that comes with years of courtroom practice.  Matthew Legan Sanchez has the experience needed to handle your post-divorce issues in New Mexico.  Sanchez can be reached by calling (505) SANCHEZ.