Need2AskLawyer Topic: Ex Wife is Violating Court Orders

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Contempt and Modification Options If Your Ex-Wife Is
Violating Court Orders


By Jamie Kinkaid


Divorce Lawyer, Cordell & Cordell


Divorced dads often find themselves wrestling with available
options when their ex-wives continually ignore and violate the divorce decree.
The most common transgression is ignoring the parenting time schedule.


In general, single dads have several options when it comes
to enforcing court orders but the most common are contempt and modification
motions.


Contempt of Court


When a court order exists, the parties must follow the order or
risk a possible
Contempt or Show Cause
Action.


A party, who has not followed the order, and apparently
refuses to follow the same, will be asked to appear in front of the judge, and
explain, or “show cause”, why they should not be held in contempt of court for
their failure to follow the court order.


In general, in order to be held in contempt, it is the
burden of the party who has been aggrieved to show that such failure to follow
the order was both “willful” and “contumacious.” Should the court find the
party who failed to follow the order is in contempt, they will be punished.


Punishments vary and is somewhat based on the individual judge’s
preferences. It can result in taking away parenting time for a specified period
of time, fines, a date to come to into compliance, attorney’s fees, and in rare
occasions, jail time.


A judge typically has discretion to determine what the best
option is when a party is in contempt, and it typically depends on how long the
contempt has been going on and how egregious the judge finds the actual acts.


Modification


Although some individuals prefer the contempt/show cause
route, another option is a
modification of your divorce
decree.


Where I practice, the fact that the mother is interfering
with parenting time on a continuing basis would be considered a “substantial
and material change” of circumstances. Such a “substantial and material change”
is necessary in order to modify the original decree and parenting plan.


When justifying a modification, your model
behavior will greatly enhance your case for modification. This is
especially true if the mother of your children has not held herself to such
high standards.


In closing, I urge anyone
facing a similar situation to seek in-depth legal advice from a qualified
family law attorney in your area to discuss your options further.


Cordell & Cordell
has mens divorce lawyers nationwide should you seek additional legal advice or
representation.



To arrange an initial consultation to
discuss divorce rights for men with a Cordell & Cordell attorney, including
Omaha, Nebraska Divorce Lawyer Jamie
Kinkaid, contact Cordell & Cordell.





Richard JaramilloRichard “RJ” Jaramillo, is the Founder of SingleDad.com,
a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children.
RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
“Make Life Happen…Again!”

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Richard “RJ” Jaramillo, is the Founder of SingleDad.com, a website and social media resource dedicated to single parenting and specifically for the newly divorced, re-married, widowed and single Father with children. RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents “Make Life Happen…Again!”