Utah OSC Lawyer
Most people are not familiar with Orders to Show Cause unless they have received one. Although getting a divorce decree from the court may have seemed difficult, sometimes the more difficult task is getting all the parties to adhere to the terms of the decree. Just because the court has ordered a party to do something does not necessarily mean that it is going to happen. Depending on the ignorance, naivety, or contempt of the party disobeying; that individual may not be complying with the divorce decree because of spite, misunderstanding, or sometimes simply because they are unable to. Regardless of the reasoning most parties who are awarded child support or alimony rely on that money and without it could be put in a very difficult situation. One of the recourses a party has to enforce the divorce decree against a disobedient party is through an Order to Show Cause in re Contempt. Depending on the violations involved a party that is not following the divorce decree could also possibly face criminal consequences.
Enforcing a Divorce Decree
To bring an Order to Show Cause in re Contempt against the opposing party, you must be able to show that your ex spouse was aware that they had been ordered by the divorce decree, had the ability to comply, and knowingly failed to follow the decree. All of these claims will need to be backed up with some sort of evidence and there will most likely be a large number of documents submitted to the court. The opposing party will have an opportunity to submit evidence and arguments as well and a hearing will be scheduled by the court to consider the evidence and the claims. If the party fails to comply with the order, they may be held in contempt, which could include a fine of up to $1,000 and 30 days in jail.
Need Help Enforcing you Divorce Decree?
If the orders in your divorce decree are not being followed by your ex spouse then call the lawyers at our firm for help. Our attorneys can help you understand your options and your chances of getting an order against your ex spouse. We understand the importance alimony or child support may be to your financial viability and we are committed to helping you get what you deserve. We offer free consultations and can help you understand the process with no cost to you. Call or email us today to set up an appointment. 801.475.0991