We often talk with people in Wheat Ridge, Mountain View, and Westminster, who find themselves frustrated when after a divorce, their ex-spouse won’t follow court orders related to spousal support payments (alimony), child support payments, or child custody. When a Jefferson County Court judge enters an order, the expectation is that both parties will abide. So, what can your lawyer do if one party is not following the order? One form of action is to file a contempt of court motion. Filing this motion can have serious legal consequences, so you want to make sure it is the best course of action before taking this step.
When is a Divorce Contempt of Court Motion Proper in Lakewood?
Here is a list of questions to consider when deciding whether or not to file a contempt of court motion with the Jefferson County District Court:
1. Is your ex still required to abide by the court order?
- If the time period has expired or the order is no longer valid, then a contempt of court filing will not get you the desired outcome.
2. Is your ex aware of the court order?
- If you cannot show proof that your ex was served the order or has notice of it, a judge will not consider a contempt of court motion.
3. Have you complied with all the aspects of the court order yourself?
- Sometimes, there are contingencies that you must complete before your ex-spouse follows through on their part. Make sure you have all your ducks in a row before filing for contempt of court, or you may end up receiving such a motion yourself.
4. Do you have evidence that your ex violated the court order?
- You must be able to provide the court with proof that the other party is or has been in violation of the order.
5. Is there a reason your ex is in violation?
- If there is a valid reason why one party is not complying with the order, then the judge may rule in your ex’s favor against your contempt of court motion.
Whether you think filing a contempt of court motion is right for you or not, you need to consult with a knowledgeable family law attorney, like those from the Pearman Law Firm. Find out early about your options and any risks involved in filing a contempt motion.
If your ex is not complying with a court order, contact the best family law attorneys from the Pearman Law Firm for a initial phone consultation at 720-259-9528 today.
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