How to Enforce Your Final Judgment For Divorce After the Divorce Proceedings Have Come to an End |
|
By: Monica Fenster Posted: 2009-12-02 04:08:39 |
| Anyone who has ever been pulled over by the police is familiar with the infamous flashing red and blue lights that coupled with the piercing siren are capable of producing panic and terror for the person involved in the battle with our men of authority.Now imagine that those bright lights and wailing sirens are intended for the arrest of the adult who chose to violate his or her final judgment for divorce, and it is now time to book him or her in jail as punishment.The above divorce situation may sound harsh. Yet, California family law clearly states that it is illegal for divorcing couples to violate the Judgment at any time after the divorce has been completed; further, a violation is grounds for heavy fines and a jail term. Thus, it is safe to say that both spouses can depend on one another to follow the language of the Judgment, unless one spouse wishes to add on to the current prison population by going against a divorce court order.But besides the simple act of good faith, how can the divorcing spouses be assured that each will obey the Judgment after the divorce is final?Before asking the California divorce court to arrest one's spouse as punishment for disobeying, there are actually many options out there for a complaining spouse to choose from to ensure that the opposing party will comply with the Judgment.First, it is wise for the complying spouse to seek the free assistance provided by the court's Family Law Facilitator. Yet seeking divorce aid from a Family Law Facilitator does not always guarantee that the disobeying spouse will follow along with Judgment enforcement. Nevertheless, the complying spouse still has options for relief.If the breach of the Judgment involves violation of child support laws where the receiving spouse is not able to collect support funds from the paying spouse, the receiving spouse has the choice to serve a wage assignment form on the other party's employer - which is a court document instructing the employer to subtract the support amount from the paying spouse's wages and deliver the funds directly to the receiving spouse.If the receiving spouse is still not able to collect the promised payments, he or she can then ask the court to take stricter measures. Such measures may include suspending or revoking the offending spouse's driver's license until support payments are made, or whatever other penalty the Judge feels is enforceable for the offense.Should the circumstance involve the violation of a custody and visitation agreement, the obeying spouse may request supervised visitation of the minor children for the times the offending spouse has custody. Or, a child custody modification form can be filed with the Court asking that the disobeying spouse have less total time with the minor children until he or she is able to effortlessly follow the Judgment.While cooperation is the best approach, these remedies are available and should be used where necessary. |
| Trackback url: https://article.abc-directory.com/article/6526 |