Westport Spousal Support Enforcement

During your divorce proceeding, you and your attorney will work diligently to ensure that your final separation agreement is as detailed as possible. But what happens when your spouse disregards your carefully crafted agreement after you sign the separation agreement and finalize your divorce? Fortunately, the Connecticut courts are well-equipped to handle such matters. Our attorneys handle all aspects of post-judgment litigation, including filing motions for contempt, and have extensive experience with Westport spousal support enforcement cases. Common contempt situations involve:

Failure to pay alimony or child support
Failure to timely pay alimony and child support
Failure to provide the required documents, including the exchange of annual income tax returns
Failure to maintain life insurance
Failure to pay the proper amount of unreimbursed medical expenses

Some other common issues that post-judgment motions for contempt address are failure to properly divide marital assets, failure to abide by parenting plans, and failure to cover or pay for mutually agreed-upon children’s expenses. No matter what issue arises after a final judgment is entered in your case, our dedicated spousal support attorneys can provide the necessary support and knowledge to remedy the situation.

Proving Contempt in Spousal Support Enforcement

The Burden of Proof in a Contempt Action

A motion for contempt requires the moving party to meet a specific burden of proof. For a court to make a finding of contempt, you must show by clear and convincing evidence all of the following:

There is a clear and unambiguous court order
The order has been violated
The party that violated the order acted willfully

You must prove each of these elements for the court to hold the non-complying party in contempt.

Evidence Needed to Prove a Willful Violation

If your separation agreement requires your former spouse to pay a specific amount of unallocated alimony and child support on the first and fifteenth of each month, but your former spouse instead pays the wrong amount only once per month, such as on the twentieth, you may consider filing a post-judgment motion for contempt regarding unallocated alimony and child support.

The court satisfies the first element of proof when it incorporates your separation agreement into a court order that clearly outlines the payment obligation. To satisfy the remaining elements—violation and willfulness—you must maintain thorough and accurate records. At the hearing, you should present the court with detailed information regarding the payments you did or did not receive, along with any evidence showing your former spouse’s intentional refusal to comply. You must demonstrate that the failure to pay was deliberate rather than accidental.

Strategic Enforcement Versus Modification of Support

Our Westport enforcement and contempt action attorneys have successfully litigated hundreds of contempt actions for our clients. Much of that success comes from the case-specific strategies we apply to each matter. When appropriate, we aggressively pursue wage garnishments and other enforcement remedies against the non-paying party.

At the same time, a finding of contempt is not always the most effective or appropriate solution. In some situations, a substantial change in financial circumstances may justify a modification of the original support order if the paying spouse can no longer afford the agreed-upon amount. Our Westport enforcement and contempt action lawyers carefully evaluate the circumstances of each case to determine the most effective way to enforce or adjust a divorce judgment.

Contact Our Westport Spousal Support Enforcement Lawyers Today

The failure of an ex-spouse to comply with a court-ordered support agreement can create significant financial and emotional strain. Our attorneys bring extensive experience in Westport spousal support enforcement and understand the strategies needed to pursue contempt actions, wage garnishments, and other enforcement measures when appropriate. We carefully evaluate each case to determine whether strict enforcement or modification of the original order best serves your circumstances.

If you need assistance enforcing your spousal support order, contact us today to schedule a confidential consultation with Broder Orland Murray & DeMattie LLC. Our team is ready to help you take the necessary legal steps to protect your financial rights and secure the support the court awarded to you.