How Dave Mejias Helps When You’re Ex Ignores the Divorce Order

You possess an official court order, but your ex is not complying with their legal obligations. Without any enforcement action being taken, such an order will be meaningless.

Dave Mejias has years of experience in family law. Here is what he suggests you can do.

1. Divorce Order Is a Court Order – Violations Have Their Consequences

Unfortunately, many people fail to recognize that defying the terms of divorce is not a civil dispute between two parties. It is a violation of court orders. The state has very serious mechanisms that may be used to address such non-compliance issues.

You need to know the kind of violation that you are facing. This could be related to the child support payments, spousal maintenance, or even parenting plan management.

2. Motion for Contempt of Court

Contempt of court is the strongest form of enforcement action available. However, in a scenario where the party concerned has deliberately chosen to disobey the orders of the court, it may be possible to file for contempt proceedings against such parties.

As per David Mejias, the process of finding an individual guilty of contempt involves proving three basic things, which are:

• The court had issued orders that involved doing a certain thing.
• The defendant knew about the order
• The defendant willfully failed to carry out the order. 

If the court determines that contempt exists, then you may receive other forms of punishment, such as fines or being ordered to pay the other party's legal costs. Depending on the severity of the violation, jail time may be included in the contempt sanction award.

3. File an Enforcement Motion for Financial Matters

When the support or money transfer is not being paid, an enforcement motion takes less time than contempt proceedings in most instances. New York courts may:

• Garnish your ex's income from their paycheck.
• Seize any tax refund and apply it to outstanding debts.
• Suspend your ex's driver's license or professional license.
• Impose liens on their property.
• Report the non-payment to credit agencies.

As David Mejias explains, if you file both an enforcement motion and a contempt claim, it is a strong statement that works better than each one separately.

4. Parenting Time and Custody Violation 

Failure to comply with the agreed parenting time regularly results in severe actions by courts. Family Court allows you to make a violation petition to challenge compliance; thus, requesting the court to review the entire custody arrangement and possibly terminate the custodial rights of your ex if he or she is non-compliant with it.

It is vital that you keep detailed records of missed visits, late drop-offs, and called denials of access, in addition to keeping a log of any written communication regarding those incidents. This documentation will help to strengthen your position in any future custody litigation.

5. What Actions Should Be Taken Immediately 

According to Dave Mejias, here are some actions you should take:

• Document everything through texts, emails, and voicemails regarding the violations.
• Note all the dates and specifics of each incident.
• Do not confront your ex yourself; let the courts do it for you.
• Get in touch with your lawyer before it’s too late.

The longer you wait, the more difficult it will be to enforce compliance.

Key Takeaway

Without enforcement, a divorce decree is nothing more than mere words. Dave Mejias has been battling for his Long Island clients' right to be compliant for over 26 years now.

Call David Mejias now. There’s a reason your court order is there. Make sure it is enforced!