Your ex isn't following the divorce decree. Now what? Understanding your enforcement options is the first step to getting compliance.
A divorce judgment is a court order. When your ex-spouse violates it - whether by missing support payments, refusing to transfer property, or ignoring parenting time - you have legal remedies. The two main tools are Motion to Enforce and Rule to Show Cause.
Choosing the right tool depends on the nature of the violation, whether it's a first offense, and what outcome you want.
| Feature | Motion to Enforce | Rule to Show Cause |
|---|---|---|
| Purpose | Get compliance with judgment terms | Hold violator in contempt of court |
| Burden of Proof | Preponderance of evidence | Beyond reasonable doubt (criminal contempt) or clear and convincing (civil) |
| What You Must Prove | Violation of specific order terms | Willful disobedience + ability to comply |
| Possible Outcomes | Order to comply, deadline, attorney's fees | Fines, jail time, purge conditions, fees |
| Best For | First-time violations, ambiguous terms | Repeated violations, willful defiance |
| Typical Timeline | Hearing in 2-4 weeks | Hearing in 2-4 weeks |
Missing child support or maintenance payments. Often handled through contempt with purge conditions.
Refusing to sign quit claim deed, transfer retirement accounts, or divide assets as ordered.
Ordered to refinance mortgage to remove your name but hasn't done so by deadline.
Blocking visitation, canceling exchanges, or interfering with your time with the children.
Moving with children without court permission or proper notice.
Dropping required health insurance, life insurance, or beneficiary designations.
Per-day fines until compliance. Can add up quickly for ongoing violations.
Court orders the violator to pay your legal fees for the enforcement action.
For willful contempt, courts can impose jail sentences. Often with "purge" conditions - comply and be released.
For support arrears, courts can suspend driver's licenses, professional licenses, and passports.
Don't let violations continue. An experienced attorney knows which enforcement tool to use and how to get results quickly.