Although a divorce decree is a legally binding court order, there can still be instances where support goes unpaid, parenting time is not adhered to, or property isn’t transferred according to the instructions. Hiring a divorce lawyer can be essential in these cases where enforcing divorce decrees and orders in Lexington, KY, is necessary. Explore what you can expect when you’re facing these circumstances and why having an experienced divorce attorney is so important to protecting your rights.
Why Enforcement Matters
Missed child support payments and delayed asset transfers can create financial strain and unnecessary stress. If children or custody issues are involved, the emotional strain can be even worse. Kentucky courts can help rectify this, and prompt action can work to your advantage.
Waiting for things to work themselves out can make it harder to document violations, calculate what’s owed, and unwind self-help decisions that could reflect poorly on you. An example of this would be a parent withholding parenting time until support is paid. Lawful enforcement is the safest path to compliance, and often the quickest.
What Can Be Enforced?
Everything the decree orders can be enforced unless a judge modifies the order. Some of the common categories needing enforcement include:
- Child support, medical support, and alimony: This can be achieved through wage withholding, income intercepts, and contempt proceedings. Data from 2021 showed that $20.2 billion in child support payments were made in the U.S.
- Parenting time: Courts can enforce the schedule, order makeup time, or impose remedies if a parent willfully interferes with the schedule. If circumstances have changed, modification may be necessary over enforcement.
- Property division: This includes transfers of titles, deeds, vehicles, retirement division, and equalization sums.
- Insurance and expense provisions: Unreimbursed medical costs, extracurriculars, and life-insurance maintenance fall under this category.
Sometimes it becomes necessary to enforce the divorce decree. If you find yourself in this situation, you can follow this basic plan:
- Document the violation: Save texts, emails, missed payment ledgers, and bank statements. Also, keep track of parenting-exchange logs and any written refusals. Judges prioritize clear proof.
- Confirm the order’s clarity: Enforcement is simplest when the decree is specific. Include clear dollar amounts, due dates, exchange times, and locations. If the wording is vague, your divorce attorney may push for a motion to clarify or amend the decree to make compliance easier in the future.
- Choose your remedy: For support, this could mean beginning or tightening income withholding. For parenting time, it may involve seeking enforcement, either with or without contempt, and may include making up for lost time. For properties, you can request specific deadlines with sanctions for delay.
- File the motion in Fayette Family Court: Your motion for Order to Show Cause should be filed with the Fayette Circuit Court Clerk for Family Court at the Robert F. Stephens Courthouse. Ask your attorney’s office to confirm your division’s schedules.
- Serve the other party: Proper notice is non-negotiable. Your motion must be served in accordance with Kentucky rules so that the opposing side has time to respond.
- Hearing and evidence: At the hearing, the judge determines whether the order was violated and what remedy fits. The court assesses willfulness and typically provides the one in contempt with a clear plan for going forward.
- Orders entered and follow-through: After the ruling, get the written order entered promptly. For withholding, a signed document is sent to the employer, and they are required to honor it. For property deadlines, if the party fails to comply, you should return to court promptly.
Why Choose Stange Law Firm?
Kentucky ranks fifth in the nation for divorce rates. Divorce is not easy, and navigating the Lexington divorce laws alone can be overwhelming, especially when you need help enforcing a divorce decree. At Stange Law Firm, our experienced divorce attorneys offer compassionate and strategic representation to clients navigating divorce cases.
In Lexington, Kentucky, changes to divorce decrees are generally handled by the Fayette County Family Court, a division of the Fayette County Circuit Court. The attorneys at Stange Law Firm are familiar with the inner workings of the local court and can assist you in navigating your matter.
FAQs
Q: How Do I File a Motion to Enforce a Divorce Decree?
A: To file a motion to enforce a divorce decree, you need to return to the same court that issued your divorce judgment. You’ll prepare a written motion explaining which part of the decree your ex-spouse has failed to follow and request court enforcement. You also need to provide supporting documentation, such as financial records, communication logs, and any other information that strengthens your case. Once filed, the court can set a hearing at which both parties can present their arguments.
Q: Are Divorce Decrees Public Record in Kentucky?
A: Yes, divorce decrees are considered public record in Kentucky. This means that unless it’s sealed by the court, they can be accessed by the public. This happens through the Kentucky Office of Vital Statistics or through the county where your divorce was finalized. While the decree is available, sensitive information, such as custody arrangements and financial information, may be kept in restricted files.
Q: How Many Years Do You Have to Be Separated to Be Legally Divorced in Kentucky?
A: Kentucky does not recognize a separation period that constitutes a legal divorce. Couples seeking divorce must live apart for at least 60 days before the divorce is officially final. Living apart doesn’t have to mean different residences, but rather abstaining from marital actions. A longer separation may strengthen your divorce case, but the timeframe only applies to living apart prior to divorce.
Q: Can You Refuse a Divorce in Kentucky?
A: In Kentucky, you ultimately can’t refuse a divorce if your partner wants to end the marriage. The state follows a no-fault divorce law, where one spouse can claim that the marriage is irretrievably broken. The unwilling spouse can delay proceedings by contesting important issues, but it won’t stop the divorce altogether. Kentucky courts can’t force a couple to stay married.
Hire a Divorce Lawyer
When you need to hire a divorce lawyer, turn to the trusted team at Stange Law Firm. Contact us today to schedule a consultation and let us help you get the compliance you need to move forward confidently.