What if My Ex Violates Our Divorce Agreement in New Jersey?

Most people consider divorce to be the end of a chapter in their lives. You finalize your divorce, get an agreement to abide by, and you move on. Unfortunately, in some cases, ex-spouses will refuse to follow their divorce agreements. If your ex is violating your divorce agreement, whether the violation concerns child support, child custody, alimony, or otherwise, you do have options to enforce the agreement, and we are here to help. Contact the experienced divorce lawyers in Sussex County here at Gruber, Colabella, Thompson, Hiben & Montella to learn more about how we can assist you if your ex is violating your divorce agreement. Here are some of the questions you may have:

What Types of Divorce Agreement Violations Are Common in New Jersey?

Divorce agreements often govern many different aspects of your life long after your divorce is finalized. Because of this, there are various ways in which a violation may occur.

Some of the most common examples of divorce agreement violations in New Jersey are as follows:

• Failure to pay child support.
• Failure to pay alimony or spousal support.
• Refusal to comply with parenting time schedules.
• Denial of court-ordered visitation.
• Failure to transfer property awarded during the divorce.
• Refusal to refinance or sell the marital home when required.
• Failure to divide retirement accounts or investment assets.
• Failure to maintain required life insurance coverage.
• Refusal to reimburse medical expenses or extracurricular expenses for children.
• Relocating with a child in violation of a court order or agreement.

In some situations, these violations occur intentionally. In others, a former spouse may claim that he or she simply cannot comply because financial circumstances have changed or because life has become more complicated since the divorce was finalized.

That being said, simply deciding not to follow a court order is not an option.

What Can I Do if My Ex Refuses to Follow the Divorce Agreement?

If your former spouse has violated your divorce agreement, one of the first things you should do is begin documenting the violation as thoroughly as possible.

Depending on the circumstances, this documentation may include:

• Copies of missed child support or alimony payments.
• Emails or text messages discussing parenting disputes.
• Bank records.
• Medical bills that remain unpaid.
• Calendars documenting denied parenting time.
• Written communications showing repeated noncompliance.

Naturally, every case is different. In some situations, a simple misunderstanding can be resolved through communication between the parties or their attorneys.

Unfortunately, this is not always the case.

If informal efforts fail, it may become necessary to file what is known as a Motion to Enforce Litigant’s Rights with the court. Simply put, this is a request asking the court to intervene and require your former spouse to comply with the terms of the agreement.

Depending on the circumstances of your case, New Jersey courts may:

• Order immediate compliance with the agreement.
• Require payment of overdue child support or alimony.
• Award interest on unpaid support obligations.
• Require reimbursement of attorney’s fees and costs.
• Garnish wages.
• Modify parenting time arrangements when appropriate.
• Impose financial sanctions.
• Hold the violating party in contempt of court.

Can a Divorce Agreement Ever Be Modified Instead of Enforced?

In certain situations, the issue is not necessarily that one party refuses to comply with the agreement. Instead, circumstances may have changed significantly since the divorce was finalized.

For example, some of the circumstances that may affect a person’s ability to comply with an agreement can include:

• Job loss.
• Serious illness.
• Disability.
• Retirement.
• A substantial decrease in income.
• Relocation that impacts parenting schedules.

Fortunately, New Jersey courts understand that life circumstances can and do change over time. Because of this, courts may permit modifications to certain portions of a divorce agreement under the appropriate circumstances.

However, it is important to understand that a former spouse generally cannot simply stop paying support or decide to stop following a parenting schedule without first obtaining court approval. Until a modification is granted, the original order will generally remain fully enforceable.

The bottom line is that if your former spouse has violated your divorce agreement, or if you believe that you can no longer comply with an existing order because of a substantial change in circumstances, you need to speak with a knowledgeable and seasoned attorney you can depend on. Here at Gruber, Colabella, Thompson, Hiben & Montella, we stand ready to protect you and your family’s best interests. Contact our legal team for an initial consultation today so we can discuss your circumstances.