Violations of Divorce Orders
In New York, a divorce judgment can only be as strong as the execution and enforcement of the court-mandated orders. If you are suffering financially or emotionally, as a result of an ex-spouse violating his or her divorce orders, experienced New York divorce attorney Jayne L. Brayer can help you find justice.
If a party violates the divorce decree, the aggrieved party can seek remedial measures by filing a contempt motion with the court.
Some examples of violations are:
- Failure to pay child support or alimony whether it be amount, timing, or method
- Failure to tender property belonging to the other party
- Failure to comply with the court ordered visitation schedule
The process is intended to fix past failures and compensate the injured party. Punishment may be available in some circumstances under §753(A)(3) of the Judiciary Law, but the filing requires such a showing on its face. To ensure that your filing is complete and adequate, you should contact skilled divorce lawyer Jayne L. Brayer before filing a motion to punish for contempt.
One potential obstacle in the contempt action is that simply proving the other party’s willful non-payment as simply failing to pay does not itself constitute a grave violation. The non-paying spouse may make excuses and attempt to hide his or her finances. The process for acquiring a favorable outcome often involves several showings of evidence, including the original decree, proving the violating spouse had knowledge of the decree, and knowingly violated the decree. Ignorance of the law is not an excuse, nor is ignoring the decree. The Law Office of Jayne L. Brayer is experienced in handling cases that involve violations of divorce orders and can help you sort through the complex legal process.
There are numerous types of compensation available in contempt actions. The Family Court Act (FCA) allows for potentially attaching (seizing) property, garnishing wages, or possibly suspending a driving license.
If you are being accused of violating your divorce decree you will need to protect yourself. Among the options that may be open to you are extensions, modification, or forgiveness under DRL §246 due to unforeseen circumstances or simple inability to pay. Furthermore, there may be promises you made in a prenuptial agreement (“pre-nup”) that you can no longer uphold. Failure to comply with a marital agreement (prenuptial, postnuptial, separation agreement, etc.) will require a showing of evidence to convince the court to make a modification.
If your ex-spouse has violated or is violating divorce orders, or if you are being accused of violating a divorce order, contact an experienced New York divorce attorney at the Law Office of Jayne L. Brayer. Located in the Bronx and Westchester County, the our office serves clients in all New York communities including Yonkers, New Rochelle, Mount Vernon, Brooklyn, Queens and the Bronx, as well as communities in Orange County and Rockland County. We are able to make home visits or arrange for weekend or evening appointments. Call now at (347) 691-3690 to schedule your confidential consultation, or use our online contact form.