Divorce agreements are legally binding contracts entered into by both parties in a divorce case, detailing the terms of asset division, custody arrangements, financial obligations, and more. However, what happens when one party refuses to comply with these agreed-upon terms? This situation can lead to increased legal fees, asset dissipation, and prolonged court proceedings.
Understanding the Consequences of Non-Compliance
Failure to adhere to the terms of a divorce agreement can result in serious legal consequences in New York. It is critical for both parties in a divorce to understand that agreements are not suggestions; they are obligations that are enforced by the courts,” explains Brian D. Perskin, a New York divorce attorney.
Examples of Non-Compliance
- Refusal to Sell Marital Property: For instance, if a spouse agrees to sell a marital home as part of the divorce settlement but later refuses to sign the contract of sale, they are in violation of the agreement.
- Failure to Pay Alimony or Child Support: This can trigger legal actions including garnishment of wages or even criminal charges.
- Ignoring Custody Arrangements: This can lead to court interventions, adjustments in custody agreements, or other legal repercussions.
Legal Mechanisms to Address Non-Compliance
When a party does not abide by the divorce decree, the wronged party has several legal avenues to enforce compliance:
Court Intervention
“The immediate step is often to seek the court’s help to enforce the agreement,” notes Perskin. Courts can compel compliance through various means, such as:
- Contempt of Court: This is a legal finding, which might result in fines or jail time for the non-compliant party.
- Enforcement Orders: These are court orders that mandate compliance with specific terms of the agreement.
- Appointment of a Receiver: In cases where property is involved, like the refusal to sell a marital home, the court may appoint a receiver to manage or sell the property.
Financial Consequences
Non-compliance can be costly, not just in terms of legal fees but also through:
- Penalties and Interests: These might accrue on unpaid amounts such as alimony or child support.
- Liability for Attorney’s Fees: Often, the non-compliant party may be ordered to pay for the legal expenses incurred by the other party due to their non-compliance.
Preventative Measures
To avoid such scenarios, Perskin advises, “It’s crucial to draft clear, unequivocal divorce agreements that leave little room for misinterpretation or reluctance.” Additionally, working with a competent divorce attorney can ensure that all agreements are enforceable and that both parties fully understand their obligations.
Hiring a Manhattan Family Law Attorney
If you are experiencing difficulties with a non-compliant ex-spouse, or if you need guidance in drafting a solid divorce agreement, contact Brian D. Perskin & Associates today. Our expertise in New York divorce law will help you navigate these challenges effectively and protect your rights throughout the process.
Contact us at 877-826-7257 today to get expert-guided legal representation.