Divorce judgments are official court orders that settle important matters like child support, custody, spousal support, and dividing property. But what do you do when your ex doesn’t stick to the rules set by the court? Enforcing a divorce judgment in California can be frustrating and stressful, especially when it impacts your family’s financial security and day-to-day life.
At Roberts and Zatlin Law Firm, we get how tough this can be, both emotionally and legally. That’s why we put together this guide to help you understand your options and take the right steps to make sure your divorce judgment is respected.
Understanding Divorce Judgments
A divorce judgment is the final court order that legally ends a marriage and outlines the responsibilities of each party. In California, this judgment typically covers:
- Child Support- The amount one parent must pay to support their child financially
- Custody and Visitation-Details legal and physical custody arrangements, including parenting time schedules.
- Alimony- determines if one spouse must provide financial support to the other after divorce.
- Division of property- Orders how marital assets and debts are divided between the spouses.
After these are signed by the judge, they become legally enforced. If one party fails to comply, you might have to take legal action
Common Reasons Judgments are Not Followed:
Likely, one side of the party will not comply with the divorce judgment. This could be intentional or unforeseen circumstances; there can be impacts on both people involved. Here are some of the most common reasons a divorce judgment may not be followed in California:
- Failure to pay child support or spousal support- Payments that are not made are one of the most frequent violations. It can lead to financial consequences for both you and your children
- Ignoring custody visitation hours- Custody and visitation violations can disrupt your parenting time and cause emotional harm to both parents and children. This includes keeping the children from the other parent or not following the agreed-upon schedules.
- Failure to follow order actions- A spouse might refuse to follow other court orders, such as maintaining health insurance for children or completing required financial disclosures.
- Disagreements of property divisions- If your ex refuses to divide assets as per the divorce judgment or avoids turning over property, you may need to take legal action to enforce these provisions.
Interstate Enforcement of Divorce Judgements
If your ex-spouse has moved out of California, your divorce judgment might seem more complicated, but California law has actions to help.
- Uniform Interstate Family Support Act (UIFSA): This federal law allows for the enforcement of child and spousal support orders in other states without needing to re-litigate the case.
- Registration of Judgment: You can register your California judgment in the other state’s court, enabling enforcement as if it were a local judgment.
- Full Faith and Credit Clause: Courts in other states are generally required to recognize and enforce California divorce judgments.
Mistakes to Avoid When Enforcing a Divorce
Enforcing a divorce judgment can be stressful, but avoiding common mistakes can improve your chances of success. Some common mistakes are:
- Trying to handle it without an attorney
- Making verbal agreements without the court’s approval
- Letting emotions drive communication
- Failing to keep the court updated
Learn More About Divorce Judgment
If you are struggling to enforce your divorce judgment or need guidance on the process, contact Roberts and Zatlin for a consultation. We are here to help you take the necessary legal steps to ensure your divorce agreement is honored.
