Divorce brings about a lot of change for families, and spouses often struggle to find equilibrium in the wake of this decision. One of biggest changes wrought by this experience is the private or court-ordered settlement agreement both parties are legally obligated to follow. Ideally, a couple crafts their own agreement, an approach that tends to feel more satisfactory and less apt to produce further conflict. Regardless of how the settlement agreement is generated, a key component of finalizing the divorce and getting on with each other’s lives is that both parties abide by the terms listed within it.

However, not all former spouses are committed to following through with the settlement agreement, which leaves the other party with the option of waiting it out in hopes compliance eventually comes or hiring a family law attorney to take legal action. Deciding to wait it out rarely brings an acceptable solution, which leaves former spouses with the only viable option of going back to court to enforce compliance. Holding a delinquent party in contempt is the most common remedy used to compel action, and a discussion of a recent appeals court decision on this issue in post-divorce proceedings, as well as how this remedy is generally used in family law cases, will follow below.

Contempt for Denying Military Benefits

Retirement benefits are among the most valuable assets most people own, and are of vital importance in a divorce settlement. Typically, retirement funds received or accumulated during a marriage are considered marital property, and subject to division in divorce. Military benefits, while more complex due to the additional restraints of federal law, are also generally divisible in divorce if certain conditions are met. Before retirement, if benefits may be distributed to a former spouse, the account holder usually has to take steps to inform the administrator of the divorce and any resulting rights the former spouse has in the benefits that will be provided.

An Indiana court of appeals recently decided a case involving contempt for non-compliance with a divorce settlement in which a veteran listed his current wife as the beneficiary on his survivor benefit, despite a court order indicating the former wife should receive this money. The appeals court upheld the contempt order issued by the lower court, as well as an award of attorney’s fees. However, it could not change the assignment of military benefits because this must occur within one year of the court order directing this election (the ex-wife did not learn of this situation until five years after the divorce). The appeals court did send the case back to the trial judge to find another means of getting the former wife the portion of the marital estate the survivor benefits represented, so all hope is not lost, but it does add another layer of complication.

Types of Contempt and Common Issues in Divorce

Divorce settlement agreements cover a wide range of issues, but some of the more common provisions that former spouses are apt to ignore or attempt to circumvent include:

• Spousal maintenance and child support payments;
• Parenting plans;
• Debt payments;
• Placing the family home for sale or apply for re-financing;
• Dividing assets; and
• Dividing marital property.

Failure to comply with any of the above provisions is likely to put the other party in a precarious financial situation, and delaying action will only further complicate getting what one is owed. Contempt is the legal remedy designed to compel compliance with a court order, and can bring civil and criminal consequences. Indirect civil contempt is the type most often levied against a family court litigant, and involves willful and knowing failures to follow court orders. The common consequences are fines, awarding the innocent party fees and costs, and potentially jail time for egregious behavior.

Speak with an Indiana Family Law Attorney

Enforcing the terms of a court order is the responsibility of the courts, and should be placed in their hands if your former spouse is refusing to comply. Christopher L. Arrington, P.C. is here is help you find a solution to this difficulty, and will work to get you the best possible outcome. Contact the Danville office to schedule an appointment.