Consequences for Not Following a Divorce Decree

Learn about the possible legal and financial implications of not following a divorce decree.

Navigating the outcome of a divorce can be difficult, especially when following the terms in divorce decrees. This legally binding document detail the rights and responsibilities of both parties, and compliance is vital to avoid legal consequences.

Understanding these consequences is important for anyone going through a divorce or dealing with after-divorce proceedings. This post examines the possible outcomes of failing to follow a divorce decree, highlighting the importance of accordance and the enforcement measures courts could take.

Contempt of Court

Contempt of court is a principal legal tool for imposing compliance with divorce decrees. If one party fails to follow the terms, the other party can file a motion for contempt, requesting the court to establish whether the non-compliance was intentional. This process involves a hearing in which the accusing party is required to present clear and compelling evidence of the violation. Courts use this device to guarantee their orders are followed, serving both deterrence and enforcement intentions.

Penalties for contempt could range from ordering compliance to jail time until the terms are fulfilled. Courts could also require the non-compliant party to pay for the legal fees of the affected party. These actions aim to enforce compliance instead of punishing, though the consequences can be considerable.

Fines and Monetary Penalties

Fines and monetary penalties are typical consequences for failing to fulfill financial obligations in a divorce decree, like child or spousal support. Courts enforce these penalties to highlight the importance of fulfilling financial obligations. Interest may accrue in unpaid payments, additionally increasing the amount indebted.

The fines differ by jurisdiction and are usually cumulative, creating significant financial liability for repeated violations. Judges have leeway to modify penalties on a case-by-case basis, guaranteeing they are in proportion to the violation. These financial consequences act as both an enforcement device and a discouragement against future non-compliance.

Wage Garnishment

Garnishment of wages is a direct way for enforcing financial obligations such as child spousal support. If payments get missed, the court can order automatic deductions from the debtor’s wages. This ensures consistent payments without depending on the debtor’s willingness or capability to pay.

The process starts with a court order, which is sent to the debtor’s employer. Federal law caps the percentage of wages that can be garnished, usually up to half of disposable earnings if the debtor is supporting another child or spouse, and up to sixty percent otherwise. An additional five percent may be garnished for payments in arrears by more than twelve weeks. Wage garnishment provides a dependable stream of payments and decreases the administrative weight on courts and affected parties.

License Suspensions

License suspensions are another enforcement device, particularly for overdue child support payments. A lot of states allow the suspension of driver’s, occupational, and recreational licenses when payments are considerably overdue. The nuisance of losing a license usually encourages compliance.

Once arrears reach a threshold set by state law, the child support enforcement agency notifies the debtor, giving them an opportunity to pay or set up a payment plan. Declining to act can result in automatic suspension, with reinstatement conditional on resolving the delinquency.

Asset Seizure or Liens

Asset seizure and liens are powerful devices for enforcing adherence, particularly when considerable arrears gather. If other ways such as wage garnishment fail, courts could order the confiscation of assets like financial institutional accounts or personal belongings, which can then be sold for covering the amount owed.

Liens, at the same time, are legal claims placed on property like real estate or vehicles. The property is unable to be sold or refinanced until the debt is settled, guaranteeing the obligation continues to be a priority. These actions emphasize the court’s commitment to uphold the terms of the divorce decree and provide financial relief to the affected party.

Criminal Charges

In extreme instances, persistent and willful non-compliance with a divorce decree, especially regarding child support, could lead to criminal charges. Courts may pursue this alternative after evaluating the severity and period of the violation, along with any attempts to avoid payment.

Penalties for criminal charges can comprise fines and jail time, highlighting the severity of these obligations. By heightening non-compliance to a criminal offense, courts highlight the importance of following divorce decrees, particularly when children’s welfare is in danger.

Change of Custody or Visitation Rights

Not adhering to a divorce decree could also result in changes to custody or visitation rights. Courts give priority to the welfare of children, and any actions that negatively affect their well-being could induce a reassessment of custody arrangements.

If a parent fails to follow visitation schedules or financial responsibilities, the aggrieved party can request a change by showing that the present arrangement is no longer in the child’s best interest. The court assesses factors like the child’s needs, the parent’s capability to fulfill them, and the balance of the living situation. Changes could include modified visitation schedules or a change in primary custody. This consequence highlights the importance of following all factors of a divorce decree, as non-compliance can considerably impact parental rights and responsibilities.

Source: 

1. 1. “Not Following a Divorce Decree” Retrieved on August 13, 2025 from https://legalclarity.org/consequences-for-not-following-a-divorce-decree-explained/#google_vignette

Discussions about child custody issues are always difficult during a divorce. While there is no way to make them easy or comfortable, you can find ways to work together. The collaborative divorce process helps with tools and professionals to make child custody and other decisions a little more manageable. By working together as a team, you’re able to make the decisions that are best for the kids.

Collaborative divorce can make these challenging times more manageable. It requires you to work with your spouse at a time when you have decided you need to go your separate ways. When it comes to child custody, though, you want to do all you can to make the right parenting decisions. Collaborative divorce can help create pathways for you to cooperate. If you live in the Phoenix/Scottsdale area and want to learn more about collaborative divorce, contact Ogborne Law today.