Legal Question in Family Law in Minnesota

Re: Post Divorce Decree

Thank you for your question regarding the enforcement of a divorce decree.

My first word of caution would be about the use of the pro-se forms that are supplied by the court. They can be generally helpful, but should be tailored to the specifics of your case and, in many instances, are simply more confusing for the court that a well drafted motion with supporting affidavits. Attorneys do not use forms like these because they are so generic as to be of no value.

What remedy you choose depends on the facts of your case, of course, and the specific provisions of the decree you wish to enforce. There are some circumstances in which contempt, although available as a remedy, is not the most efficient way of enforcing an order, and not all provisions of a decree can be enforced by contempt.

Contempt is most often used to compel the payment of support or maintenance, and somewhat less frequently to compel the return or execution of documents, (and the return of specifit items) required to be exchanged by the decree. It is also used in custody disputes, but more common in those matters would be a motion for compensatory visitation time (if time was denied), or a modification of custody. Contempt cannot be used to enforce the payment of debts (eg. credit card debts).

You should be aware that moving for contempt is a rather cumbersome process, involving several hearings. Moreover, if the procedures for bringing the motion, and the language of the motion and order to show cause does not strictly comply with the law, the order will be vulnerable and relief may be denied. For example, the Order to Show Cause must specifically describe the provisions of the order that have been violated, the affidavit should be specific, and all must be personally served. And, when all is said and done, it a defense to contempt for the other party to show she could not comply with the order for some reason.

Contempt can be an effective remedy, but you will need to be patient and meticulous in following the law.

If you have further questions or concerns, my contact information is below and in my "profile."

Good luck.