What Happens When You Fail to Abide by Orders in New York?

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.