Is there a way to enforce a divorce decree?

Can I make sure my divorce agreement is followed?

I went through a really tough divorce. It started in January 2021 when I filed to leave my abusive husband. He fought me at every step, and after a trial, the divorce was finalized in June 2023. But then he kept filing motions. In September 2023, the court made some changes. Now he’s appealing that decision and filed for yet another modification. Despite the court ruling in my favor, he’s not paying the legal fees he owes. I just got hit with another modification of custody request, and I’m out of money for lawyers. We’re supposed to sell assets, but he’s refusing even though they’re community property. I’ve already spent over $110,000 and racked up a ton of credit card debt. I’m mentally drained. I can’t afford more lawyers, and he’s using the legal system to continue his abuse. I’m in Austin, Texas. Any recommendations for affordable lawyers who might work with me on a payment plan?

Some individuals might outright refuse to comply, while others may misunderstand the language or intent of the terms. Resolving enforcement of the divorce decree can often be achieved through communication outside of court. However, if this approach fails, filing a motion for contempt for violating a court order is another option.

Yes, you can enforce a divorce decree through the court. If your ex-spouse is not complying with the terms, you can file a motion for contempt or enforcement. The court can then take actions such as garnishing wages, seizing property, or even jailing the non-compliant party to ensure the decree is followed.

3 Ways to Enforce a Divorce Decree

To enforce the terms of your divorce decree, consider these options:

  1. File a Motion for Civil Contempt of Court: Since a divorce decree is a court order, non-compliance (e.g., missed payments) can lead to a contempt of court motion.
  2. Seek Criminal Non-Support Charges: Some states allow criminal charges for failing to pay child support, which can be a misdemeanor or felony.
  3. Pursue Collections Procedures: Obtain a judgment for non-payment and collect via methods like seizing tax refunds or bonuses.