What Can You Do If Your Ex Is Not Following Your Divorce Decree in Utah?

A divorce decree is a court order. Once a divorce is finalized in Utah, both former spouses are expected to follow the terms of the decree. Those terms may address child custody, parent-time, child support, alimony, property, debts, and other responsibilities.

But what happens when your ex-spouse does not follow the order?

In Utah, you may be able to ask the court to enforce the divorce decree by filing a Motion to Enforce Order. The purpose of an enforcement action is generally to ask the court to require compliance with an order that is already in place.

If your former spouse is not following the terms of your decree, understanding the difference between enforcement and modification can help you decide what steps may be appropriate.

What Does It Mean to Enforce a Divorce Decree in Utah?

Enforcement means asking the court to require a person to comply with an existing court order.

A problem may arise when a former spouse fails to follow requirements involving matters such as:

• Child support
• Alimony
• Child custody
• Parent-time or visitation
• Property division
• Payment of debts
• Transfer of property
• Other terms included in the divorce decree

Larsen Law Firm assists clients with enforcing the terms of a divorce decree when one party is not complying with an existing order.

The exact language of the decree matters. Before deciding what to do, it is important to review the signed court order and identify the specific provision you believe is not being followed.

What Should You Do If Your Ex Is Violating the Divorce Decree?

If you believe your former spouse is violating your Utah divorce decree, there are several practical steps you can take.

Review the Exact Language of Your Divorce Decree

Start with the actual signed decree rather than relying only on what you remember from the divorce.

Look at the specific language covering the issue. Depending on your case, that might include payment amounts, deadlines, parenting schedules, property transfers, or other responsibilities.

A disagreement with your former spouse is not necessarily the same thing as a violation of the court’s order. The wording of the decree helps determine what each person is legally required to do.

Keep Records of What Is Happening

Documentation can be important when asking a court to enforce an order.

Depending on the problem, useful records may include:

• Payment records
• Receipts
• Bank records
• Emails or text messages
• Parent-time calendars
• Records of missed exchanges
• Documents showing whether property was transferred
• Child support or alimony payment records
• Other documents related to the alleged violation

Utah Courts instructs parties seeking enforcement to provide supporting documents when available.

Keeping organized records can make it easier to explain what occurred and how it relates to the existing decree.

What Is a Motion to Enforce Order in Utah?

A Motion to Enforce Order is the current Utah court procedure used to ask a court to enforce an existing order or decree in domestic-law matters.

The process was previously referred to as an Order to Show Cause. Utah Courts changed the terminology, so older divorce documents and older legal information may still use that phrase.

For domestic-law cases, Utah Rule of Civil Procedure 7B addresses motions to enforce court orders. The motion is generally filed in the same case in which the original order was entered. Utah Courts

The person asking for enforcement generally needs to identify the order being enforced and explain the facts showing how the other party allegedly failed to comply.

What Happens After a Motion to Enforce Is Filed?

The specific procedure depends on the circumstances of the case, but Utah Courts describes a process that generally involves filing the required documents and evidence, having the matter scheduled for a hearing, properly serving the required papers, and attending the hearing.

At the hearing, both sides may have an opportunity to explain what happened.

The court can then determine whether the existing order was violated and what, if anything, should be done about it. Utah State Courts

Because every divorce decree and enforcement dispute is different, the outcome depends on the actual order, the evidence, and the circumstances surrounding the alleged violation.

What Does the Court Consider in an Enforcement Case?

An enforcement case is not simply about showing that something went wrong.

The court may need to consider issues such as whether the person knew about the order, whether the person was able to comply with it, and whether the failure to comply was willful.

That is one reason documentation can be so important.

For example, failing to make a required payment despite having the ability to do so can raise different issues than being unable to comply because of circumstances outside a person’s control.

A Utah family-law attorney can review the decree and the facts surrounding the alleged violation to help determine how an enforcement request may apply to the situation.

What Can a Utah Court Do If a Divorce Decree Is Not Followed?

The court’s response depends on the provision that was violated and the facts of the case.

In some situations, the court may require compliance with the existing order. An enforcement proceeding can also result in a judgment for certain amounts that are past due, such as unpaid child support, alimony, or other amounts covered by an order.

Sanctions may also be available in appropriate cases. Utah Rule of Civil Procedure 7B specifically addresses enforcement and sanctions in domestic-law matters. Utah Courts

A particular result should never be assumed in advance. The court must evaluate the facts and applicable law in each case.

Enforcement vs. Modification: What Is the Difference?

One of the most important questions is whether you need to enforce the existing divorce decree or change it.

Enforcement generally asks the court to require someone to follow the order that already exists.

Modification asks the court to change part of the existing order because circumstances have changed.

For example, suppose a divorce decree requires one former spouse to pay a certain amount of alimony and that person simply refuses to make the required payments. That could involve enforcement.

On the other hand, if someone’s circumstances have substantially changed and that person believes the existing order should be changed, the issue may involve a modification of the divorce decree instead.

The distinction is important because a party generally should not assume that changed circumstances automatically change the existing court order.

What If Your Ex Is Not Paying Child Support?

Child support is another area where enforcement questions can arise.

If a divorce decree or other court order requires child support and the required payments are not being made, there may be enforcement options available.

Larsen Law Firm handles Utah child support matters, including issues that may arise after an original order has been entered.

The appropriate approach depends on how the support obligation was established, the payment history, and the specific circumstances involved.

What If Your Ex Is Not Paying Alimony?

Court-ordered alimony is also part of a divorce decree that the parties are expected to follow.

If required alimony payments are not being made, the recipient may need to consider enforcement. If circumstances have changed and one party believes the alimony obligation itself should change, modification may instead be the issue.

You can learn more about Larsen Law Firm’s Utah alimony services.

Again, enforcement and modification are different. Simply stopping payments does not by itself change the existing court order.

What If Your Ex Is Not Following the Parent-Time Schedule?

A court-ordered parenting schedule is also part of the court’s order.

If one parent repeatedly refuses to follow the parent-time arrangement, prevents scheduled exchanges, or otherwise disregards the order, enforcement may become an issue.

Parents dealing with these problems can learn more about parent-time and visitation in Utah.

It is important to distinguish occasional scheduling disagreements from an ongoing failure to follow a court-ordered arrangement. The specific decree and facts of the situation matter.

Should You Stop Following the Decree Because Your Ex Is Not Following It?

Generally, you should not assume that your former spouse’s alleged violation allows you to disregard your own obligations under the decree.

The existing court order remains important unless and until the court changes it.

For example, withholding something required under the decree in response to your former spouse’s behavior could potentially create additional legal issues.

If the existing order has become impractical or circumstances have changed, it may be better to determine whether enforcement, modification, or another legal remedy is appropriate.

What If the Divorce Order Came From Another State?

Additional procedures may apply when the order you want to enforce was originally entered in another state.

Utah Courts explains that some out-of-state custody or child-support orders must first be registered in Utah before Utah enforcement procedures can be used. Utah State Courts

Jurisdiction can be complicated, particularly when parents or former spouses have moved since the original case.

An attorney can help determine which court has authority and what procedures may apply.

When Should You Talk to a Utah Divorce Attorney?

You may want to speak with an attorney when you believe your former spouse is repeatedly or seriously violating the divorce decree, especially when the dispute involves children, support payments, property, debts, or another important part of the court’s order.

An attorney can help review:

• The exact terms of your divorce decree
• What your former spouse was required to do
• Evidence of the alleged violation
• Whether enforcement is appropriate
• Whether the decree should instead be modified
• What relief may be available through the court

Larsen Law Firm handles divorce and family-law matters in Utah, including enforcement and modification issues. The firm is located in Provo, Utah. Larsen Law Firm

Frequently Asked Questions About Enforcing a Utah Divorce Decree

What is a Motion to Enforce Order?

A Motion to Enforce Order is the Utah court procedure used to ask a court to enforce an existing order or decree. In domestic-law matters, Utah Rule of Civil Procedure 7B governs the process. Utah Courts

Is a Motion to Enforce the Same as an Order to Show Cause?

The terminology has changed. Utah Courts states that before May 1, 2021, the process was called an Order to Show Cause. The current procedure is called a Motion to Enforce Order. Utah State Courts

Can a Court Enforce Unpaid Child Support or Alimony?

An enforcement proceeding can address certain amounts due under an existing court order. Utah Courts notes that a court may enter a judgment for specific amounts of past-due child support, alimony, or other debt when appropriate. Utah State Courts

Can I Change My Divorce Decree Instead?

Possibly. If the problem is that circumstances have changed rather than someone simply refusing to follow the existing order, you may need to consider a modification. Enforcement asks the court to enforce the existing decree; modification asks the court to change it.

Do I Need an Attorney to Enforce a Divorce Decree?

Whether to hire an attorney depends on the circumstances. Enforcement disputes can involve interpretation of the decree, evidence, court procedures, defenses, requested sanctions, and other legal issues. Speaking with a family-law attorney can help you understand your options.

Get Help With a Divorce Decree in Utah

When your former spouse is not following a divorce decree, it can be frustrating and difficult to know what to do next. The right approach depends on the terms of your order, what has happened, and whether you are trying to enforce the current decree or change it.

Larsen Law Firm assists clients with Utah divorce, enforcement, modification, child custody, child support, alimony, and other family-law matters.

If you have questions about enforcing your divorce decree, schedule a consultation with Larsen Law Firm or call 801-379-2966.

This article is provided for general informational purposes only and is not legal advice. Laws and court procedures can change, and the appropriate legal strategy depends on the facts and orders involved in each case.