Breaking the Rules: What to do if Your Ex Isn't Following a Court Order or Separation Agreement.

The episode's topic is the serious implications of violating a court order, specifically in the context of family law.

Violating Court Orders:

• Discuss common ways people violate court orders, including not following custody or child support orders.
• An explanation is that judges are not pleased with non-compliance and the importance of settling cases to have a say in the outcome.
• Once a judge gives an order, it must be followed. Even if one has a custody order, law enforcement may not get involved.

Remedies for Violation:

• If one is constantly late for exchanges or violates the order in other ways, the remedy often starts with contacting an attorney.
• Options include contacting the other party's attorney to resolve the issue without court intervention.
• If resolution is not possible, filing a motion for an order to show cause and motion for contempt is the next step.

Repercussions and Types of Contempt:

• Courts have a wide range of repercussions. Two types of contempt are discussed: civil and criminal.
• Civil contempt can lead to jail until compliance is achieved, and criminal contempt is seen as punishment.
• Discussion on the power of judges to modify custody or support orders and the likelihood of immediate payment once jailed.

Understanding Court Orders:

• Importance of having an order in place and the challenges if there's no signed order in the court file.
• Frustration when parties continue to do as they please without a signed order and the limits of what attorneys can do in such cases.

Criteria for Contempt and Costs:

• Trivial violations like being 15 minutes late may not be enough for contempt.
• The financial aspect of filing another motion and going to court is highlighted.

Creators & Guests

Host

Elizabeth A. Stephenson, MSW

Attorney/Partner, Parent Coordinator, & Collaborative Lawyer at New Direction Family Law

Host

Sarah J. Hink

Attorney/Partner at New Direction Family Law

Guest

Jennifer Bordeaux

Director of Public Relations at New Direction Family Law. With an educational and professional background in juvenile delinquency, Jen’s focus has always been on family dynamics and encouraging healthy relationships.

Producer

Joe Woolworth

Owner of Podcast Cary in Cary, NC. Your friendly neighborhood podcast studio.

What is Ex-it Strategy?

Your no bullsh$t guide to divorce with experienced attorneys from New Direction Family Law and guests and professionals who have been there. Unfiltered discussions to help you move from victim to victorious and from bitter to better.