When Your Former Spouse Fails to Follow Divorce Orders in Virginia

Finalizing a divorce may feel like the end of a long and stressful process, but for some, new challenges arise when a former spouse refuses to follow the court’s orders. Whether the issue involves property division, alimony payments, child custody, or child support, ignoring a divorce decree is a serious violation of Virginia law.

If your ex is not living up to their obligations, don’t struggle with it alone. It is important to take immediate legal action, and Schwartz Kalina, PLLC, provides the trusted, local legal guidance clients need in these cases. Our Virginia divorce attorney explains more about common divorce order violations in Virginia and the enforcement efforts available.

Common Violations of Virginia Divorce Orders

Filing for divorce in Virginia is never easy, particularly when it comes to reaching any type of settlement. Negotiations through your attorney and evidence presented in court help form the basis for a final divorce decree, which is a legally binding court order. Once a Virginia divorce order is in place, both spouses are legally required to follow it.

Unfortunately, some disregard the order and their obligations, creating financial and emotional strain for the other party. Common types of violations in Virginia divorce orders include:

• Failing to pay court-ordered alimony or child support;
• Refusing to transfer property or assets awarded in the divorce;
• Withholding parenting time or interfering with visitation schedules;
• Ignoring custody arrangements, such as failing to return a child on time.

Divorce order violations in Virginia can happen for a variety of reasons. However, while financial problems and other issues often play a role, the underlying cause is often wanting to punish or ‘get back’ at a former spouse.

Enforcing a Virginia Divorce Order

If your ex fails to comply with the terms of a parenting plan, marital property settlement, or other aspects of your final divorce decree, you have legal remedies. The most common enforcement action is filing a motion for contempt through the Virginia Family Court.

Depending on the circumstances, the court can:

• Order your ex to pay overdue spousal support or transfer marital property.
• Enforce child support through the Virginia Department of Social Services (DSS);
• Review and modify child custody orders and restrict parenting rights to protect the child’s well-being.
• Impose fines, wage garnishment, liens on property, and other penalties for failing to comply.
• In extreme cases, your spouse could face jail time for willful contempt of court.

For Trusted Legal Help, Contact Our Experienced Virginia Divorce Attorney

Is your ex refusing to comply with your divorce order? At Schwartz Kalina, PLLC, we provide the trusted, local legal help you need to hold them accountable. Whether it is enforcing payment, requesting modifications, or taking other legal actions, you can count on us to protect your rights and the well-being of those you love.

Virginia courts take these violations seriously, and so do we. To get what you are legally entitled to, contact us today and request a consultation with our experienced Virginia divorce attorney.

Sources:

loudoun.gov/114/Juvenile-Domestic-Relations-District-Cou

dss.virginia.gov/family/dcse/