Divorce is hard enough on its own. But when your ex‑spouse fails to follow the terms of the divorce decree, whether that’s paying child support or spousal support, following parenting time rules, or dividing property as ordered, it can be deeply frustrating and stressful. At Axelrod & Hellier, LLP, we understand how emotionally and financially this can impact you. We also know there are legal tools in Ohio to enforce compliance.
Your legal options when your ex won’t follow the divorce decree
When the other party is not doing what the decree orders, you do have legal remedies under Ohio law. Depending on the situation, several enforcement options may be available to you:
- Contempt of court- One of the most effective ways to enforce a divorce decree is by filing a motion for contempt. This tells the court that your ex is willfully ignoring a lawful order
To prove contempt, you must show that your ex-spouse:
- Knew about the court order
- Had the ability to comply
- Intentionally failed to do so without a valid reason
If the court finds your ex in contempt, it can issue penalties such as fines, wage garnishment, attorney’s fees, or even jail time until they comply with the order.
- Income withholding or using wage garnishment- for unpaid support, Ohio law allows courts to garnish wages, seize assets, or intercept tax refunds to collect what’s owed.
- Enforcing orders across state lines- If your ex-spouse has moved out of Ohio, you can still enforce your divorce decree through interstate laws such as the Uniform Interstate Family Support Act (UIFSA). This process allows Ohio courts to work with courts in other states to enforce or collect support orders. To do so, your attorney will ensure the order is properly registered in the other state’s court system.
Step-by-Step on What You Should Do:
The following process outlines the key actions you should take to protect your rights and ensure your divorce decree is enforced in Ohio.
- Gather proof- Collect all payment records, messages, and any other documents showing the violation
- Communicate professionally- Reach out to your ex in writing by keeping it calm and factual. Don’t use any emotional tone, but clearly state the court’s order and what needs to be done
- Talk to an attorney- Our family law team can review your situation and help you decide whether to file for contempt, enforcement, or modification.
- File a motion in court, and our lawyer will handle filing the right paperwork and showing the court what’s happened. From there, the judge can decide what to do next, such as requiring your ex to follow the order, repay what’s owed, or face legal consequences.
- Keep following through- Once the hearing is done, keep the records and any important information.
Mistakes to Avoid:
Here are some of the bigger mistakes that you should avoid as much as possible to help you:
- Trying to handle it by yourself without getting legal guidance
- Making verbal agreements that are not approved by the court
- Waiting too long to act on non-compliance
- Don’t let your emotions take over. Avoid aggressive messages
- Failing to update the court on changes
Contact Axelrod and Hellier
If your ex isn’t following your divorce decree, you have legal recourse, but the longer you wait, the harder it can be to collect or enforce. Let Axelrod & Hellier, LLP help you make sure the order you fought for is upheld.
We provide free consultations, so you can understand your rights and options without pressure.