Whether your divorce is contested or uncontested, settling the matter will likely bring a profound sense of relief. Divorce proceedings are stressful, and a settlement allows both spouses to move on with their lives.
However, things don’t always go smoothly after the final judgment is entered. If your spouse fails to fulfill the agreed-upon terms, you may face considerable hardships, particularly if your dispute involves spousal or child support. Resolving your disagreement quickly and fairly can prevent the problem from spiraling out of control.
Steps for Dealing With a Violation of Your Settlement
The first step is to review your agreement and talk to your lawyer. It’s important to confirm that there’s a genuine dispute and that your concerns aren’t addressed elsewhere in your agreement. If your lawyer agrees that your ex-spouse has violated the terms of the settlement, you can examine your options for seeking recourse.
Look for Dispute-Resolution Clauses
Settlement agreements often include dispute-resolution clauses. If your settlement includes mediation, you may have a quicker and less costly option for remedying your ex-spouse’s violation.
Mediation is when the spouses work with a neutral third party to resolve a dispute. The mediator isn’t a decision-maker; rather, their goal is to facilitate a discussion and resolution of the issue.
For example, suppose that your ex-spouse violated the settlement agreement by failing to pay certain child-related expenses as required. A mediator could guide a discussion to determine why your ex-spouse refused to pay and how they can comply with the terms of your agreement and your wishes.
Have Your Lawyer Contact Your Ex-Spouse’s Lawyer
Depending on the nature of the issue, your attorney and your ex-spouse’s attorney may be able to resolve the dispute through negotiation. If your ex-spouse’s acts or omissions clearly violate the agreement’s terms, their lawyer might advise them to remedy the violation.
Moreover, even if your ex-spouse doesn’t address the problem your lawyer identifies, the discussion could reveal the reason for the violation. For example, if your ex-spouse failed to make their most recent child support payment because they were laid off from work, you and your lawyer can discuss your options for addressing the situation.
Additionally, the information you gather can help you prepare for your ex-spouse’s arguments. If your case ends up in court, you’ll have an important edge in overcoming your ex-spouse’s position and forcing them to comply with the settlement agreement.
File a Motion in Court
If you can’t resolve your dispute informally, you may have to go to court. Your lawyer can file a motion for an order to show cause, and a judge will review it. This motion puts your ex-spouse on notice of your official action to enforce the settlement through the court’s contempt power.
In other words, the judge will review your motion and your ex-spouse’s reply. If they agree that your ex-spouse violated the agreement, they’ll likely issue an order giving them a chance to comply or face contempt of court. A finding of contempt could lead to fines or even imprisonment.
The benefit of going to court is that your ex-spouse will face a stark choice: either cure the violation or risk having punishment handed down by the judge. More likely than not, your ex-spouse will take the easier route and simply comply with the judge’s order.
Once your ex-spouse has presented their side of the story to the judge and lost, they can’t continue to rely on the same excuse for continued violations of the agreement.
Thus, while going to court is usually a last resort, it can be a potent means of finally resolving a violation and forcing your ex-spouse to remain in compliance going forward.
Another option is a motion to enforce the agreement. If your agreement has a clause regarding the award of attorney’s fees for the non-compliant party, the court can award attorney’s fees consistent with the terms of the agreement.
You should discuss with your attorney whether filing one or the other or both is most advantageous to you in your situation. The attorney can weigh the pros and cons of each option to your specific situation.
Learn More About Your Options Following a Settlement Violation
You shouldn’t have to bear the burdens of your ex-spouse’s violation of your divorce settlement. A skilled lawyer can help you resolve your dispute through alternative dispute resolution, negotiation, or litigation. Contact Blattner Family Law Group today to learn more about how we can help you get past your disruptive settlement dispute.
