Enforcement of Final Judgments for Dissolution of MarriagE

The Court of original jurisdiction has continuing authority to enforce its orders. A Final Judgment of Dissolution of Marriage includes support orders and equitable distribution orders.   Support Orders are enforceable by contempt, orders to comply with equitable distribution are not.   

When a party fails to pay support, you can move for contempt seeking sanctions including attorney’s fees, fines, jail time, interest, writs of possession and attachment, money judgments and/or payments through the court depository. Once a contempt motion has been filed and you demonstrate to the court that the opposing party has not paid support under the court’s original final judgment, the burden of proof shifts to the opposing party to show they cannot pay support.  If the opposing party has income or assets to pay, the court will order them to pay the unpaid support in an amount called a purge based upon what they can pay and order a repayment plan of any balance remaining.

If a party must perform an act for equitable distribution like signing a listing agreement and does not do so the court may find them in contempt. The court cannot modify equitable distribution. The Court can enforce payment under the equitable distribution plan. However, they cannot change an award of tangible property to award money damages if the tangible property is not delivered.

When dealing with a party not following a Final Judgment or Order it is best to get attorney advice on the specific situation and to have an attorney help enforce the terms with the correct remedies since each case is fact dependent.

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