What Happens If Your Ex Ignores the Divorce Decree

You fought for months to finalize the divorce. The decree is signed. But now your ex is not following it — skipping child support payments, ignoring custody schedules, or refusing to transfer property. What can you do?

A Divorce Decree Is a Court Order

First, understand this: your divorce decree has the force of law. It is not a suggestion or a gentleman's agreement. When your ex ignores it, they are violating a court order. Courts take this seriously, and you have legal remedies available.

Common Violations and What to Do

Non-Payment of Child Support or Alimony

This is the most common violation. Your options include:

• Filing a motion for contempt of court
• Requesting wage garnishment through the court or your state's child support enforcement agency
• In severe cases, courts can suspend driver's licenses, passports, or even impose jail time
• Your state's Attorney General office often has a child support enforcement division that can help at no cost

Custody and Visitation Violations

If your ex is withholding the children, consistently late for exchanges, or ignoring the parenting plan:

• Document every violation — dates, times, screenshots of texts
• File a motion for contempt of court
• Request a custody modification if violations are ongoing
• Do not retaliate by withholding support or violating the order yourself — two wrongs will hurt your case

Refusal to Transfer Property or Assets

If your ex will not sign over the house, transfer retirement funds, or divide assets as ordered:

• File a motion to compel compliance
• The court can order the transfer and impose penalties for delay
• In some cases, the court can appoint a trustee to execute the transfer

The Contempt of Court Process

Filing a contempt motion involves:

1. Documenting the specific violation with evidence
2. Filing a motion with the court that issued your divorce decree
3. Serving your ex with the motion (they must be notified)
4. Attending a hearing where both sides present their case
5. If found in contempt, consequences can include fines, attorney fees, modified custody, or jail time

When to Hire an Attorney

While you can file some motions yourself, enforcement actions are often complex. Hire an attorney when:

• The amounts involved are significant
• Your ex has their own attorney
• Custody of children is at stake
• Your ex is hiding assets or income

Read our complete guide on post-decree legal tasks and enforcement.