Paige Elliott , P.C.

The terms of a Divorce Decree are enforceable by the court against either party who fails to comply with them. Should you need advice or assistance enforcing your decree, you may at that time retain our services for this matter as set out above. The most common proceeding begins with the filing of a sworn complaint called a Petition for Rule Nisi. This petition requests a "show cause" hearing in which your former spouse will be required to appear in court and show why he or she has failed to abide by the Divorce Decree. Normally, a hearing is scheduled for approximately sixty (60) days after the filing of the Petition for Rule Nisi. At the hearing, the Judge hears testimony and determines whether either party is in contempt of court for failure to abide by the terms of the Decree. In the event that a party is found to be in contempt, the judge has the power to place that person in jail until he or she complies, and to enter other appropriate orders. Other methods of enforcing obligations due under Decrees of Divorce include Garnishment, Levy and Attachment, and Continuing Wage Withholding Orders.