Question:
I need help on enforcing my divorce decree.
My ex-wife has violated our decree by not keeping health coverage on our child and not exercising her visitation rights.
We are supposed to split child custody 50-50, but our child almost exclusively lives with me because she ignores her parenting time.
What do I file to fix this and enforce the divorce decree?
Answer:
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri divorce laws where I am licensed to practice.
Each state has specific laws regarding what to file when a divorce decree has been violated. Generally, when a party has violated an order or decree, the other party will file a Motion for Contempt.
This motion states all the ways in which the party has violated the decree. If the court agrees that the party is in contempt of the decree, the judge will require the violating party to “purge” the contempt and stop violating the decree.
DadsDivorce Live:
Additionally, a party may also file a Motion to Modify, which may be most beneficial in your case since your child custody arrangement seems to have gone from joint physical custody to sole physical custody with you having almost all of the parenting time.
A Motion to Modify would request the court to change the original divorce decree to reflect your current situation. All states have specific laws on what situations qualify for a modification so you should contact a mens divorce attorney to discuss the options in your case.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with an attorney in your jurisdiction.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Brittany Brown, a St. Louis Divorce Attorney, contact Cordell & Cordell.
