If you are going through a divorce, you probably know how hard it can be. What makes it even more difficult is if you have your ex-spouse causing issues. Here is how you deal with that.
Ex-Spouse Causing Issues | Not Following the Orders of Custody
If your ex isn’t following your order of custody as issued by family court, you can apply in the family court to enforce that order, through a petition for enforcement. You can also seek remedy through the family court if your order of custody was made through a judgment of divorce, so long as the Supreme Court didn’t retain exclusive jurisdiction. In most cases – at least locally – the Supreme Court does not retain exclusive jurisdiction over custodial matters, so you can also apply for remedy in the family court. To succeed on an enforcement petition, you must present a valid existing order of custody to the court and show that your ex failed to obey that order. The court has many remedies available to punish your ex for disobeying the order.
Ex-Spouse Causing Issues | Not Giving Permission to Go on a Trip
If you plan a trip that requires a passport and your child’s other parent will not consent to the issuance of a passport – or refuses to give you the passport if they have it – you can ask the family court to address that issue. It is important to address these issues well in advance of your anticipated trip to ensure that you have the required documentation for wherever you plan to go. A court will rarely deny a parent’s request for a child’s passport in aid of a planned trip.
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Ex-Spouse Causing Issues | Not Paying Child Support
If your ex isn’t paying court-ordered child support, your best option is to file a petition for enforcement of support in your local family court. Consult with an experienced family and matrimonial attorney regarding this process, because he or she can guide you in taking the appropriate steps to protect yourself. For example, if your support order was entered pursuant to a judgment of divorce or a separation agreement which was incorporated into your judgment of divorce, your agreement or judgment may contain specific language which would govern your first steps. An attorney can review your documents carefully with you and then advise you how best to proceed.
Ex-Spouse Causing Issues | Refusing to Retire
A number of cases have raised concerns because a spouse who is titled to a pension plan elects not to retire – and, may do so in retaliation against the other spouse as a means of preventing them from receiving their share of the pension. Today, it is often true that a couple’s most significant assets are their homes and their retirement accounts – and that can create real problems. If we anticipate an issue, we can go to the judge or include a mandate as to a retirement age in our agreement. In some cases, we have asked for a payment of spousal maintenance that either continues until the titled spouse elects retirement – or simply starts at the age when retirement should be elected – in lieu of the payment that would have been received on the pension plan.
Ex-Spouse Causing Issues | Threatening to Move Back into the Home
Divorce is by no means an easy process, and tensions do arise during the pendency of your divorce action. Because of this, a person needs their home to be their sanctuary and it may be necessary to obtain a court order to award one spouse exclusive possession of the home. A court will do this when there’s marital strife – especially when a spouse has established an alternative residence.
If you have any further questions or concerns about an ex-spouse causing issues for you, please call our experienced Saratoga divorce attorneys today.
