Unfortunately for many, issues continue between divorced couples even after a final divorce decree is entered. This especially occurs with people who have children and must learn how to move forward co parenting kids after a divorce is entered. Often it takes time to really figure out how to deal with the ex spouse and keep the children’s best interest in the forefront. In some circumstances, an ex spouse may refuse to comply with a certain part of a decree. Many times it is financially related like alimony or child support, or some personal property issue. If you are facing a situation in which your former husband or wife is not complying with an order, you have rights and options for enforcing the order and getting everything back on track. If you are being accused of violating a court domestic order, you should retain an Ogden divorce lawyer at our office to take your defense.
Order to Show Cause
The primary legal tool to hold the other party accountable when they are not meeting their obligations under the divorce decree or custody order is an order to show cause. Through a motion for order to show cause, the other party will be required to appear and show cause if any why they should not be held in contempt or why a further order or judgment should not be entered against them. If the other party does not show up to the hearing and they were properly served with notice, the judge or commissioner will hold them in default on the issue in most cases. The key to remember here is you have tools available to you to make sure the decree of divorce is followed to the letter. Nobody can simply walk away from their support or custody obligations. If the other party appears at the hearing and denies the allegations in your motion, you may have an evidentiary hearing where you can put on witnesses and evidence to prove your claims.
Defending an Order to Show Cause in Ogden
If you have been served with an order to show cause, you should most certainly hire a lawyer. If you are held to be in contempt on any issue you run the risk of being sentenced to jail by the judge, at least for a couple days. Don’t take any chances, if you have been served on an enforcement action, call us right away to get started on your defense. Speak with an Ogden Utah family law attorney at our law firm now to ensure you get the best possible resolution to your case.
