You have gone through the emotional upheaval and complex legal process of divorce, and the judge has issued a final decree. You expected this document to bring clarity and closure, but what happens when your ex ignores the court’s orders? If your ex is not following the terms of the Missouri divorce decree, there are still options available to you. The court’s decisions are legally binding and there are strong legal tools to enforce them.

Understanding the Terms of Your Decree

A Missouri divorce decree covers several important issues. The way you enforce the decree will depend entirely on which part of it is being violated. Some common areas where non-compliance can occur include:

• Child Custody and Parenting Time: When one parent refuses to allow the other to visit their child as ordered by the court, or fails to follow a parenting plan.
• Child Support: Failure to make regular and timely payments for child support as ordered.
• Spousal Support (Alimony): Failure to provide financial support to the former spouse.
• Assets and Debts: Refusing to transfer ownership of a vehicle or property, or failing to repay a debt as assigned by the court.

Legal Avenues for Enforcement in Missouri

The Missouri judiciary offers clear pathways for enforcing court orders, primarily through the filing of a Motion for Contempt. This legal process asks the court to hold the other party accountable for willful disobedience of a court order.

Enforcing Child Support and Spousal Maintenance

When a former spouse fails to make support payments, the State of Missouri has several strong enforcement mechanisms available. The court may:

• Income Withholding: This is the most common method of support payment collection, where payments are automatically deducted from an obligor’s paycheck.
• Tax Refund Intercept: State and federal tax refunds may be seized and used to cover past-due support payments.
• License Suspension: The court may suspend driver’s, professional, or recreational licenses until payment is made.
• Court Contempt: As a last resort, the court may find the non-payer in contempt and impose fines or jail time until payment is received. Missouri Revised Statutes Chapter 452 governs these actions and gives the court significant power to enforce compliance.

Enforcing Parenting Time and Custody Orders

If your ex is interfering with your court-ordered custody or visitation rights, you may want to consider filing a Motion for Contempt with the court. The court takes these matters very seriously, and a judge may impose sanctions, such as making up missed parenting time, requiring the violating party to pay for your attorney’s fees, or even modifying the custody arrangement in favor of the compliant parent in severe cases.

Enforcing Property Division Orders

When your ex refuses to transfer property that was awarded to you in a court decision, such as by refusing to sign over a car title or deed for a house, the Motion for Contempt can be used as a primary tool. The court has the power to force the transfer of the property and can hold the non-cooperating party in contempt if necessary. In some cases, the court may also award you with a monetary judgment for the value of the property that you were denied access to.

Why You Need an Experienced Missouri Divorce Attorney

Navigating the enforcement process can be challenging. The procedures are rigorous, and proper documentation is essential. An experienced lawyer can:

• Review your decree to ensure that it is specific and legally enforceable.
• Help you document every instance of non-compliance, creating a clear record for your case.
• Ensure that your legal filings are accurate and submitted on time to avoid delays.
• Represent you in court, advocating forcefully for your rights and the well-being of your children.

Attempting to handle legal matters without the assistance of a lawyer can lead to frustration and delay. It is often more effective to have a trained professional represent your interests in court. This will ensure that your claims are taken seriously by the opposing party.

Don’t Face Non-Compliance Alone. We Can Help.

A divorce decree has only as much power as your ability to enforce it. You don’t need to fight the same battles again. At Columbia Family Law Group, LLC, our divorce lawyers have decades of experience helping clients enforce their rights under Missouri divorce decrees. We are a client-centered firm that takes a proactive approach to achieving the results our clients legally deserve.

If your ex-spouse is not following the terms of the divorce agreement, contact our firm for legal assistance. We can help ensure that the court order is followed and assist you in moving forward with your life.