What can I do if a divorce decree is not being followed?

UPDATED: Sep 30, 2022

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What can I do if a divorce decree is not being followed?

My ex-spouse has sold property that was supposed to be held for our child. He is also supposed to pay for a private High School for our child, and he is trying to move our child out of state.

Asked on October 6, 2016 under Family Law, New Mexico


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can pursue contempt of court against your ex for not complying with the terms of the divorce decree.
File an Order to Show Cause (court form) and a declaration stating the facts supporting contempt of court signed under penalty of perjury.  Attach a copy of the divorce decree and any other documents supporting your contempt of court claim.
The Order to Show Cause is for a hearing on the contempt of court issue.  You will need to contact the court clerk to schedule a hearing date.  Attach a proof of service (court form) verifying the date of mailing your documents to your ex when you file your documents with the court.  After filing your documents with the court, mail a copy with the proof of service to your ex which gives him notice of the hearing.
Check with the court clerk before filing your documents  in case any other documents are required as the required documents may vary from state to state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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