How Do I Get Former Husband to Comply With Divorce Decree?

Full question:

My daughter's financial settlement agreement was signed by the judge over 60 days ago. The settlement stated that the funds were to be paid in 30 days if possible, but no longer than 60 days. The divorce papers have been finalized and issued. My daughter's ex-husband has not paid the agreed upon settlement and will not indicate as to when he will. What legal steps are available to get the agreed upon settlement?

• Category: Contempt
• Date: 04/07/2025
• State: Kentucky

Answer:

When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A requrest may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.

The following is a KY statute:

403.240. Decree or temporary order — Failure to comply
with — Good-cause defense — Attorney's fees.

(1) If a party fails to comply with a provision of a decree or
temporary order or injunction, the obligation of the other party
to make payments for support or maintenance or to permit
visitation is not suspended; but he may move the court to grant
an appropriate order.

(2) The failure of either party, without good cause, to comply
with a provision of a decree or temporary order or injunction,
including a provision with respect to visitation or child support
shall constitute contempt of court, and the court shall remedy
the failure to comply.