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It is sadly common that once a couple receives their signed Judgment of Divorce, there are still complications between the ex-spouses. What can you do if your spouse is not complying with the terms of your Stipulation of Settlement?

Your attorney can draft an Order to Show Cause, in other words, a motion, to hold your ex-spouse in contempt for their non-compliance. To hold your ex in contempt is to punish them for their non-compliance. Your attorney will explain to the court in this motion all the ways your ex has violated the Stipulation of Settlement.

They can be punished in a couple different ways. You can ask them to comply with the terms of your Stipulation of Settlement, to be fined for the arrears they owe, or even be put in jail. If there is a large amount of money they owe you, the court may give them a “purge date.” This means that they have before that date to pay you the money that is owed to you or else the court officer will bring them to jail. The court will make a decision on how these issues will be dealt with.

Don’t be afraid to contact your attorney in the future if your ex is not complying with the terms you both agreed upon. It is unfair to not receive what you are entitled to and the attorneys at Capetola & Divins can help you get what you deserve.

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