Divorce and custody cases are rarely simple. Even after the court issues orders on child custody, visitation, support, or property division, problems can still come up, especially if your ex decides to ignore what the court has decided. At Genus Law Group in Albuquerque, we understand how stressful and disruptive it is when an ex-spouse refuses to follow the court’s orders. Here’s what you should know, and how to protect yourself and your family if this happens to you.
Start by Keeping Thorough Records
When your ex violates a court order, documentation becomes your strongest ally. Write down each instance where they failed to comply, including dates, times, and exactly what happened. If they missed child exchanges, failed to pay support, or withheld visitation, make a note of it. Keep copies of texts, emails, or any other communications that show your attempts to resolve the situation or that highlight their refusal to cooperate. These records can make all the difference if you need to return to court.
Try Clear, Calm Communication
It’s normal to feel frustrated or angry, but your communication should remain calm and focused on resolving the issue. Remind your ex in writing, such as through a text or email, of the court’s orders and ask that they follow them. Keeping everything in writing creates a record that can support your claims later. Avoid threats or heated language, which can backfire and complicate your case.
Consult Your Attorney Early
If the violations continue or escalate, reach out to a family law attorney right away. At Genus Law Group, we’ll review your situation and help you understand your options. Sometimes a firmly written letter from an attorney is enough to encourage compliance. Other times, more formal legal steps are needed. Either way, getting professional guidance early helps you protect your rights.
File a Motion to Enforce or for Contempt
When informal efforts fail, the next step is to file a Motion for Enforcement, sometimes called a Motion for Contempt. This asks the court to enforce the existing orders and penalize your ex for willfully ignoring them. These motions often come into play when an ex refuses to pay child support or spousal support, blocks visitation, or fails to turn over property as ordered.
After the motion is filed, the court will schedule a hearing. You’ll present your evidence, and your ex will have a chance to respond. If the judge finds they have intentionally violated the order, they could face consequences that include fines, repayment of missed support, or even jail time in more serious situations. Judges can also award you attorney’s fees for having to bring the issue to court.
Consider Whether the Order Needs to Be Changed
In some situations, repeated violations happen because the current arrangement simply doesn’t fit anymore. Maybe your ex’s work schedule has changed or your child’s needs are different. If that’s the case, it may be better to ask the court to modify the order so it reflects the new circumstances, instead of repeatedly going back to court for enforcement.
Take Action in Emergencies
If your child’s safety is at immediate risk, such as if your ex is threatening to leave the state with your child or exposing them to dangerous situations, you can request an emergency hearing. Courts take these matters seriously and can issue temporary orders to protect your child until a more complete hearing can be held.
Know Your Rights and Stand Firm
Remember, court orders are not suggestions. They are legally binding, and your ex does not get to decide which parts to follow. Doing nothing often leads to further violations. By acting promptly and firmly, you protect your rights and your child’s stability.
How Genus Law Group Can Help
You do not have to handle this alone. At Genus Law Group, we have helped many clients across New Mexico enforce court orders and hold non-compliant ex-spouses accountable. We’ll guide you through the process, build a strong case with the evidence you’ve collected, and fight for your interests in court. If needed, we can also help you request a modification that better serves your family’s current needs.
Don’t let repeated violations disrupt your life or your children’s. Call Genus Law Group today at 505-317-4455 or Contact Us through our website to schedule a consultation. We’re here to make sure your rights and your court orders are respected.
