Westport Enforcement & Contempt Action Lawyers
During your divorce proceeding, you and your attorney will work diligently to ensure that your final separation agreement is as detailed as possible. But what happens when after the separation agreement is signed and your divorce is finalized, your spouse decides to disregard your carefully crafted separation agreement? Fortunately, the Connecticut courts are well equipped to handle such matters and our Westport enforcement & contempt action lawyers are well versed in all areas of post judgment litigation including filing a post-judgment motion for contempt. Common contempt situations involve:
- Failure to pay alimony or child support;
- Failure to timely pay alimony and child support;
- Failure to provide required documents, including the exchange of annual income tax returns;
- Failure to maintain life insurance; and
- Failure to pay the proper amount of unreimbursed medical expenses.
Some other common issues that post-judgment motions for contempt address are failure to properly divide marital assets, failure to abide by parenting plans, and failure to cover or pay for mutually agreed upon children’s expenses. No matter what issue arises after a final judgment is entered in your case, our Westport enforcement & contempt action lawyers can provide the necessary support and knowledge to remedy the situation.
A motion for contempt requires a specific burden of proof to be met by the moving party. For for the court to make a finding of contempt you will need to show by clear and convincing evidence, the following:
- There is a clear and unambiguous court order;
- The order has been violated; and
- The party that violated the Order acted willfully.
If your separation agreement states that your ex-spouse is obligated to pay you a set amount of money as unallocated alimony and child support on the first and fifteenth of each month, but your ex-spouse begins paying you an incorrect amount one time per month, say on the twentieth, you may consider filing a motion for contempt re: unallocated alimony and child support, post-judgment. The first prong of your burden of proof will be met by your separation agreement if the separation agreement is a court order and clearly and unambiguously outlines your spouse’s obligation. To meet the remaining prongs, that your spouse violated the order and acted willfully in doing so, you need to keep diligent records. At a hearing, you will want to present the court will as much information as possible regarding the payments you have or have not received from your ex-spouse and any information regarding your ex-spouse’s willful conduct. You need to prove that your ex-spouse acted deliberately and intentionally when he or she failed to pay you.
Our Westport enforcement & contempt action attorneys have successfully litigated hundreds of contempt actions for our clients. Much of our success stems from the sophisticated, case-specific approaches we employ during the representation of our clients. When appropriate, we tenaciously pursue wage garnishments and other enforcement actions against the appropriate party. At the same time, we understand that finding someone in contempt of court is not always the best or right solution for the situation. For example, a substantial change in finances may warrant a modification of the original support order if the paying spouse can no longer afford the agreed-upon amount. Our Westport enforcement & contempt action lawyers fully consider the circumstances when determining the most effective way to enforce a divorce judgment.
Contact Our Westport Enforcement & Contempt Action Lawyers
Broder Orland Murray & DeMattie LLC can help enforce the terms of a divorce judgment through a contempt of court action. Please contact us at 203-222-4949. We serve clients in Westport, Connecticut, and throughout Fairfield County.