Finally, your divorce is behind you. The judge signed the final documents, they were entered with the clerk, and you are officially divorced. The idea of never having to return to court is wonderful – until your ex does not comply or cooperate with what they agreed to do. Whether it is failure to pay child support or maintenance (alimony), not cooperating in selling the house, refusing to divide an account, there are many situations where the court’s intervention is required yet again. 

A divorce judgment is a legally binding contract, just like any other contract people enter into. Ignoring a court order can have serious repercussions. Consequences of failing to abide by the divorce decree can include repayment plans, monetary sanctions including payment of your attorney’s fees, judgment interest, and even jail time, if the refusal to cooperate continues. In cases where child support remains unpaid, the responsible party is at risk of having their tax refund withheld, denial of a passport, wage garnishment, and driver’s license suspension. 

What should you do if you are in this situation? First, you should talk to an attorney about your options. Make sure you provide a copy of the judgment and any other records that may reflect the lack of cooperation, including communications with your ex such as emails and text messages which demonstrate their wrongdoing and refusal to follow the contract as written. Rather than jumping into court, the first step could be the attorney drafting a strongly worded letter which explains the legal consequences and demands compliance. Often times, this will be enough to obtain the necessary cooperation. If your ex does not scare easily, then the next step is to file a petition with the court to find them in contempt for their lack of cooperation. Your attorney will prepare the necessary paperwork, which should include any evidence that you have gathered. 

Once the petition is before the court, if the court finds that a violation occurred, the burden may shift to your ex to prove why their non-compliance is justified. If they are unable to do so, the court may take any action it deems necessary to enforce the court order, including those items listed above (fines, freezes on accounts, judgment interest, payment of your fees, and even jail time until compliance occurs). If your ex is able to show that their inability to cooperate was due to circumstances outside of their control, such as job loss due to an injury, or a similar situation, the court may be less inclined to penalize them with additional fines, but will expect repayment in a manner that is reasonable. Under those circumstances, your ex would have an obligation to seek a modification of the order, rather than failing to comply but doing nothing to bring their new situation to the court’s attention. 

Contact a family law attorney.  Hurst, Robin & Kay, is a full-service family law firm that has both mediators and collaborative attorneys available for those seeking non-traditional avenues in divorce. 

The process of adopting a child who has been born overseas can be intimidating. Unlike many domestic adoption processes, international adoption is rarely straightforward. However, this journey can be endlessly rewarding, so it is certainly worth partnering with an attorney who can explain the ins and outs of this area of law to your family. Once you have learned about what it takes to adopt a child overseas, you will be able to make an informed decision about whether you wish to move forward and which country you may wish to adopt a child from.

Expecting More

When it comes to international versus domestic adoption, the general rule of thumb is simply that one must be prepared for “more.” It tends to take more time for international adoptions to resolve, more time to compile related paperwork, more time for a child to come home once he or she has been matched, and more money to complete the process overall. The general rule of being prepared for “more” should not function as a deterrent for parents seeking to adopt internationally. It is simply important to know what to expect from the process. When parents are prepared, bumps in the road can become simply annoying as opposed to unmanageably challenging.

Eligibility and Financial Challenges

It is important to understand that every country has its own rules related to foreign adoptions. You may find that you are eligible to adopt in one country but not in another. Your adoption process may be subject to parental age restrictions, travel requirements, parental marital status, and restrictions on parents who have certain gender identities or sexual preferences.

In addition, it is important to allow your attorney to thoroughly research, not only your preferred adoption-related country, but also the agencies and other organizations within that country you may be eager to work with. Some organizations seek to take financial advantage of foreign parents, so you may need to adjust your expectations once your attorney has completed his or her research. You may ultimately be required to pay a host of different fees on a number of different levels. This is a commonplace challenge for parents seeking to adopt internationally, but hopefully your attorney will be able to determine whether any requested fees are both illegitimate and unnecessary.

Adoption Assistance Is Available

If you are interested in pursuing international adoption, please consider scheduling a consultation with an attorney who is experienced in this specific area of law. Not every family law firm handles adoption matters and not every adoption attorney works with clients interested in pursuing international adoption. As a result, it is important to connect with someone who is well-versed in this nuanced area of law. Once you have scheduled a consultation with an experienced adoption attorney, consider writing down any questions you may have about the process. You will be best placed to make informed decisions about this journey if you voice any concerns you may have as soon as they arise.