Violations of Divorce Decrees Violations of Divorce Decrees Violations of Divorce Decrees
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Birmingham, AL 35253
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Violations of Divorce Decrees

When a person's conduct goes against provisions in an Agreement, Court Order, or Final Divorce Judgment, or when a person fails to do something that they were supposed to do in any of the above court documents, they are in Contempt of Court in Alabama. However, only action by an individual can force any consequences as a result of this behavior.

For example, if you agreed with your former spouse that they would provide medical insurance for the children or provide you with proof of that insurance and they do not do so, he or she is in Contempt of Court. But Alabama courts do not usually follow up with whether or not people are abiding by provisions of court orders; you must take that person to court and notify a judge of the Violations of Divorce Decrees or bad behavior. Even failure to pay child support is not something that courts look into without a Complaint being filed by the party who is being harmed.

Making the Other Side Pay Your Attorney's Fees

Contempt of Court proceedings in Domestic Relations cases are one of the few areas of civil law where the opposing side may have to pay your Attorney's fees if you are successful in your action. Think about it: Why should someone have to pay an attorney to take a person to court who is violating a court order? Should someone have to pay an attorney when they would never have to be in court in the first place unless someone was doing them wrong?

What are Contempt of Court Proceedings?

Also known as a "Rule Nisi," Contempt proceedings, as stated above, happen when one party brings the other back to court when someone is violating a court order or judgment. Upon a finding of violation of an order, the violating party can be held in civil and/or criminal contempt. The violating party can be sentenced to up to 5 days in jail for violation, be forced to comply with the court's orders, and may have to pay the costs and attorney's fees associated with the action.

Failure to Pay Child Support

State of Alabama law considers each month of child support a separate and new court order. That means that a person can be put in jail for 5 days for each month of missed child support payments. The practical person will say "wait a minute; I want the non-paying person working to pay what they owe, not sitting in jail." That response is a healthy attitude. At the end of the day, the goal is to get support for the child or children, not punish the offender and possibly jeopardize their job and your support. Past due Child Support obligations never go away!

Past Due Child Support

Past due Child Support obligations never go away! One is obligated to pay past owed support even after your children are adults. Also, interest accumulates on owed support at 12% of the total amount per year in Alabama. Once you take a person to court and get a judgment on how much is owed, you can even garnish the payer's paycheck and take out the money owed before they even see it! There is, however, a statute of limitations of twenty years to collect back due child support and an attorney can help you calculate exactly when that time begins and ends.

Always remember that each and every case is different; sound legal advice can only be attained by speaking directly to a knowledgeable and experienced attorney! Contact The Malbrough Firm, LLC- 205.747.8351 for sound legal advice.
Questions? Email us!

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