My Ex Is Not Complying With A Court Order – What Can I Do?
Failure to comply with a court order is “contempt of court.” If your ex is not complying with court orders, your options depend on what type of order is being violated. This post discusses the different types of motions that can be filed to enforce court orders.
Motion to Enforce Parenting Time
Colorado law has a specific statute governing enforcement of parenting time. If your ex is refusing to follow the Parenting Plan in place, you should file a Motion to Enforce Parenting Time. Click on the link to read more about this type of motion.
Verified Entry of Support Judgment
If you are not receiving child support or maintenance payments in accordance with the court order, you can file a motion asking the court to enter judgment for each payment that was missed, as well as interest on those payments. You should attach a copy of the payment record (check stubs or a payment record from the Family Support Registry).
After reviewing the payment record and any response from the other party, the court will issue a transcript of judgment. You should record this judgment with the County Clerk & Recorder in each county in which your ex owns property. The judgment will be recorded as a lien against any property that your ex owns in that county.
Motion for Clerk to Transfer Title of Property
As part of the divorce, the court may order one party to sign documents that transfer property from one spouse to another. This most commonly occurs when the property, such as the house, is owned jointly, but is awarded to one spouse. If your ex refuses to sign documents transferring the property, you should file this motion. Once you receive an order from the court, the clerk will sign the title, transferring the property to you.
Motion for Contempt
You can also file a generic Motion for Contempt, asking that the court impose sanctions, such as fines or jail time, for your ex’s failure to comply with the court orders. This should be used if the facts do not fall within any of the above scenarios.
Once the motion is filed, the court will issue a Citation to Show Cause, which sets a date for an initial hearing. You must have the defendant served with notice of that hearing at least 21 days in advance. At the hearing, the defendant will be advised of the contempt charges. Because contempt charges are quasi-criminal in nature, the defendant will also be advised of the right to an attorney. Depending on the nature of the charges and the punishment requested, the judge may hold the contempt hearing at that time. However, it is most likely that the judge will set a future date for the contempt hearing.
Katelyn has experience prosecuting and defending against contempt motions. Call her today to discuss your case.