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DISOBEYING COURT ORDER LEADS TO MORE DIVORCE TROUBLE
I'm sure we can all agree that people do foolish things. One of the most
foolish is to disobey a court order, particularly in a court where divorce
matters of custody and family support are concerned. And compounding the
foolishness are the attempts of divorce attorneys who try to rationalize
their clients' disobedience.
Both divorce clients and divorce attorneys often rely on the same two
excuses to try to justify disregarding court orders with regard to divorce.
They are (1) the other side did it first and (2) the court's order was
based on dishonest or incorrect information.
Neither of those excuses works.
The age-old complaint of, "He or she started it!" is as ineffective in
divorce court as it was when we tried to use it with our mothers when
we were children. The notion that if I can prove you misbehaved before
I did, it will make you responsible for my misbehavior is truly absurd.
Each of us is responsible for our own behavior. Totally!
The argument that the court order is unfair or wrong be-cause of a mistake
or a lie is also fruitless. If there really is something amiss with a court
order, the court must be asked to reconsider it. Only a court can change a
court order, and until a change is granted the order must be strictly
obeyed. When an order is violated, the old caution: "Nothing is ever so
bad that it can't get worse." comes true.
Not long ago a man was in court whose ex-wife claimed he had paid only
part of the child support that he was ordered to pay. The man, aided by
his divorce attorney, admitted he hadn't paid all the child support, but
he claimed the shortage was caused by the mother's dishonesty about the
cost of daycare. In other words, she started it. He hadn't asked the court
to review the daycare expense. He just jumped to his own conclusion and
acted on it. By the time they got to court he owed more than $3,000 in
back support.
Investigation proved that he was mistaken about the daycare expense.
But even if he had been right, the error would still not have been legal
justification for him to violate the court order.
This dad had to pay the delinquent support, plus 15% interest. To make
matters worse, he had to pay his ex-wife's legal fees and expenses, which
included round-trip airfare for her to attend the court hearing. It cost
him an extra $2,000.
There are only two viable legal excuses for not obeying a court order:
Either the party didn't know about it, or the order was impossible to
obey. Impossible, not inconvenient or difficult! Attorneys who bring their
clients to court with explanations other than these do their clients a
terrible and costly disservice.
Published: 2021/10/01
By Judge Anne Kass
"DISOBEYING COURT ORDER LEADS TO MORE DIVORCE TROUBLE"
All divorce news
Please read more related legal information:
Uncontested Divorce Online Legal Information
Uncontested Divorce Frequently Asked Questions
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