Violation of a Court Order or Separation Agreement


Once the final decree of divorce is finalized and the difficult experience of divorce is in the rearview mirror, both parties are required to follow the orders of the court to a “T”.
Many times, for one reason or another, an ex-spouse may violate the terms of the divorce decree. Violations of court orders can be egregious, such as refusal to pay spousal support as ordered, flat-out denial of child visitation, refusal to sign or turn over real or personal property, etc.

Violations of orders can also be slight, such as arriving late for scheduled visitations, or payments of less than the full amount of child or spousal support. These violations of the court orders can be frustrating and may lead some people to feel like they are helpless due to the time, costs, and general unpleasant thought of returning to court and re-litigating a matter that you thought was in the past.
As these are certainly understandable reasons to forego consulting with legal counsel about your issues with your ex-spouse, sometimes enough is enough.

Things To Consider When A Court Order Has Been Violated

  1. Jail time is a remedy for breach of a court order. However, imprisoning an ex-spouse is not the goal of bringing a post-judgment action for violating a prior court order. These actions aim to ensure that your best interests are protected and that your ex-spouse is fulfilling his or her obligations. We want you to get what you are entitled to!
    Jail time may be appropriate in certain circumstances where an ex-spouse continually refuses to live up to the separation agreement causing great financial and personal harm. Whatever the case, the family law Attorneys at Slater & Zurz, will determine what remedy best suits your situation based on your wants and needs.
  2. The Court is able to award reasonable attorney’s fees for a finding of willful contempt. Ohio Domestic Relations Courts understand that paying attorney’s fees to enforce a court order can be burdensome and unfair.
    Many times, a court will award attorney’s fees to the aggrieved party due to initiating court action through no fault of their own. Only after consultation and an in-depth look into the facts of the matter will an attorney be able to determine if your case constitutes one in which the Court is likely to award attorney’s fees.
  3. Ignoring the issue will not make it go away. It may seem easier to look the other way if an ex-spouse is continually late for visitations or a little short on spousal and child support payments every month. It may not seem worth going back to court to fight over a small matter.
    The agreement you entered into was tailored to your wants and needs and should be followed with that goal in mind. The Cleveland family law attorneys at Slater & Zurz will work as efficiently as possible to resolve the issue and ensure that your time and energy are not wasted. We understand that going to court is a hassle and takes away from your everyday responsibilities. That’s why we take a no-nonsense approach to resolving these issues and returning your life back to normalcy as soon possible.

Please feel free to come to us with your questions. A legal consultation is relatively painless and straightforward. We are here to help you and look out for your best interests.