We would be sad to hear that you went through a difficult divorce. But we sympathize with you even more if, now, your former spouse is giving you a hard time complying with the terms and conditions of your divorce agreement. If this is becoming more and more of a pressing issue that is negatively affecting you and your child, we are willing and able to step up to the plate and fight on your behalf. That is, we may recommend going as far as filing for contempt of court. So please read on to discover when it is necessary to file for contempt of court against your former spouse and how one of the seasoned Somerset divorce lawyers at the Law Offices of Kisha M. Hebbon, LLC can help you with this motion.
Please know that filing for contempt of court should only be done if your former spouse’s violation of your divorce agreement is quite serious. For example, a New Jersey family judge may not grant this motion if your complaint is that your former spouse was late to drop off your child for your scheduled parenting time by less than an hour, in a one-off incident. However, they may attend to your case if your former spouse is denying you access to your child and ignoring your scheduled parenting time completely, which in turn may be negatively interfering with your and your child’s relationship.
Still, before making this motion, you should confirm the child custody arrangement and parenting schedule ordered within your divorce agreement. This is so you make sure your former spouse is truly in violation of this legally binding court order. Otherwise, you may not have any legal recourse in the judge’s eyes.
Lastly, please be aware of the legal and financial consequences this filing may have on your former spouse. For one, they may be ordered to pay your legal fees and $50 per committed violation. What’s more, a child custody violation may cause them to lose custody rights. But in more drastic circumstances, they may be ordered to serve time in jail. This is if the judge finds them guilty of kidnapping or abducting your child.
Once you believe you have valid grounds to file for contempt of court, you must do so promptly. This is mainly because, based on the example provided above, your child may be in immediate danger and you need to remove them from this situation. But also, New Jersey law imposes a statute of limitations of two years. Meaning, two years from the date the supposed violation took place.
As a former spouse who is being mistreated and disrespected, there is no one better you can turn to than one of the competent Somerset County family lawyers from our firm. So please, call us at the Law Offices of Kisha M. Hebbon, LLC as soon as possible.
