Enforcing Divorce Agreements in Pennsylvania

By Sheryl Rentz on September 2, 2014

A divorce agreement sets in place child support, alimony, child custody and even the division of property. Even when both spouses are willing to negotiate, there are still a number of conflicts that may arise when finalizing the details of an agreement. Once the divorce is settled and the agreements are signed, it is important that they are followed. If your ex is failing to live up to his or her side of the agreement, you should act quickly to protect your rights.

The first step you can take is to contact the family court to inform them that your ex is not following the terms of the agreement. If this does not change your situation, you may want to consider your legal options. You can take action if the other parent violates the custody agreement or if your ex refuses to pay alimony or child support.

When there are custody agreement violations, you will need a full report and investigation that proves that the custody settlement is not being followed. If the other parent moves out of state or refuses to let you visit, it could have legal ramifications. In some cases, parents who fail to abide by the custody agreement can face jail time, legal fees and changes in custody.

When alimony and child support payments are not being made, the aspects of the agreement can be reinstated. In some cases, the entire divorce agreement can be rewritten to reflect your ex-spouse’s unwillingness to comply.

Here are a few steps you can take if the terms of your divorce agreement are not being met:

• Contact your local courthouse. You will need to fill out a motion regarding the breach of your divorce agreements.
• Seek legal guidance. You do not want to hurt your case by filling out the paperwork or appearing in court without an attorney.
• Serve the papers to your ex. You will need someone to deliver the papers for you.
• Fill out the proof-of-service form showing that you served your ex-spouse the paperwork.
• Appear at the courthouse on the date of the hearing. You will need proof of the violations to show the court.

Ideally, raising concerns with your ex will be all that is needed to inspire changes in behavior. If, however, your concerns are not heard, it may be time to consider legal action. An experienced Pennsylvania divorce lawyer will be able to help ensure that the conditions of the agreement are enforced. Call (610) 645-0100 for a case evaluation today.