Wednesday, October 9, 2013

How do I enforce my Decree of Divorce?





     A Decree of Divorce is only writing unless it can be enforced.  There is always frustration when your ex will not live up to what is set forth in the Decree.  You also maynot have the money to enforce the Decree or the enforcement issue is so small that it may not seem worth it.  The problem is the lack of enforcement usually makes your ex feel like they can get away with ignoring the Court’s order as set forth in the Decree.  Furthermore, the Decree is the order of the Court and not your order meaning that failure to do what it says is basically telling the Court that you do not care what the Court says.  Judges do not like this.  Here are some tips to enforcing the Decree.

1.      If it is about not returning the kids or not getting your visitation, call the police and ask law enforcement to enforce the Decree.  Even if they refuse to do so, you will at least have a record of the incident.
2.      If it is about child support, contact the Utah Office of Recovery Services and have them go after the child support.
3.      If it is about parenting issues, make a formal demand for mediation and if he/she refuses you will be able to skip having to pay a lawyer to make the demand.  The demand should be in a written letter sent via certified mail. 
4.      If it is about failure to pay medical bills, day care, or other debts rising form the Decree, file a Motion for Order to Show Cause.  A judgment can typically be obtained if you have your documents together and submit them to the Court.


For more information please visit Andrew Gilliland at www.utahdivorceexpert.com

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