Very little will happen if your ex-spouse breaks a divorce agreement unless you make it happen. Fortunately, Oregon provides abundant resources to make it as easy as possible for you to enforce your divorce agreement. Though you may not need an attorney to help enforce your agreement, professional legal counsel can be helpful in proving a violation of the divorce agreement in court.
Contempt
The terms of a divorce are given the weight of a court order in the final decree that makes your divorce official. Violation of the terms of the marital settlement agreement therefore amounts to contempt of court. The Oregon court system provides a detailed packet to help you file contempt proceedings against a former spouse that has violated the divorce agreement (See Resources section).
Ex Parte Motion
An ex parte motion is filed without the knowledge or participation of the opposing party. You can file an ex parte motion for a hearing on contempt unilaterally, with a supporting affidavit explaining the situation, and have it granted by the court without your ex-spouse's knowledge. A copy of the motion and the signed order for the hearing must be personally served on your ex so the person can prepare for and attend the hearing. The documents needed to request a hearing are contained in Packet 19 of the Oregon Court's online Family Law forms page (See Resources).
Types of Sanctions
The motion for a contempt hearing should include a request for relief, which can be any of the sanctions permitted under Oregon law for contempt. These include remedial damages, which simply require the other party to come into compliance with the divorce agreement and punitive fines that actually. Just because you request a particular form of relief, however, does not mean that is what the judge will ultimately grant you if you prevail at the contempt hearing.
Child Custody Enforcement
The contempt proceeding is not intended to enforce child support, custody or visitation rights. The process of enforcing child custody and visitation rights under a divorce agreement is similar to the contempt proceedings, but different forms are used. These forms can be found in Packet 5 of the Oregon Court's online Family Law forms page (See Resources). Even though your divorce occurred in another state, you can enlist the help of the Oregon courts in enforcing the parenting plan of your divorce by using packet 5c.
Child Support
Under federal law, state district attorneys must assist you in enforcing a child support award. The state can impound tax refunds, seize property and garnish wages to ensure you receive the child support awarded to you in your divorce. If you have an issue regarding child support, you should contact the Division of Child Support's 24-hour information hotline at (800) 850-0228.
