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When A Former Spouse Defies The Divorce Agreement

Part of the process for finalizing a divorce between a Kansas couple is to draft and sign off on a divorce settlement agreement. While many former spouses understand that this agreement is legally binding, there are some who decide to defy the agreement. Depending on what was agreed upon, this could mean that the person refuses to pay child support, follow the visitation schedule or even hand over certain assets.

If a former spouse refuses to make his or her court-ordered child support or alimony payments, a person may need to file a petition for contempt. The person’s family law attorney may help with the process. At this point, a judge can then force the former spouse to make the payments by having their wages garnished or by sending them to jail. The state of Kansas also has a child support enforcement office that can help obtain the payments without the need for court.

Dealing with marital debt payments can be difficult if the other person refuses to make those payments. If the other person was required to make payments toward debt that is in both individuals’ names, failure to do so can affect both individuals’ credit scores. An attorney can take the other person back to court. If the person still refuses to pay, a judgement can allow a lien to be put against the other person’s remaining property although this does not guarantee that the debt payments will be made.

The division of property and finances during a divorce can be difficult for some to accept. If the divorce was not amicable and a former spouse decides to refuse to make child support payments or pay off the marital debt, a family law attorney may determine what options a person has. In some cases, the attorney may represent a person and go back to court to ask the judge to garnish the former spouse’s wages or find alternative options.

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