What Can You Do If Your Ex Is Not Following a Divorce Agreement in New Jersey?

When a Divorce Agreement Becomes a Daily Problem

A finalized divorce is supposed to bring clarity and stability, but for many people in Red Bank and throughout New Jersey, problems start after the ink is dry. If your ex is not following the terms of your divorce agreement or court order, it can create financial stress, parenting conflict, and constant uncertainty. Whether the issue involves unpaid child support, missed parenting time, refusal to pay alimony, or failure to cooperate with property division, you do not have to accept ongoing noncompliance as “just the way it is.”

New Jersey courts take post-divorce orders seriously, and there are legal tools available to enforce them. The key is understanding what counts as a violation, documenting what is happening, and taking action in a way that protects your rights and your children’s well-being. The sooner you address a pattern of noncompliance, the easier it is to stop it from becoming the new normal.

Common Ways an Ex-Spouse Violates a New Jersey Divorce Order

Divorce agreements and final judgments can cover many issues, and violations can look different from one family to another. Some problems are obvious, like missed support payments. Others are more subtle, like repeated late drop-offs that disrupt a child’s routine, or a parent interfering with phone calls and communication. Even when the violation seems small, repeated behavior can add up and may justify court intervention.

Here are some of the most common post-divorce violations people deal with:

• Failing to pay child support on time, or paying less than the ordered amount
• Refusing to pay alimony, or frequently paying late
• Withholding parenting time, canceling visits, or not returning a child as scheduled
• Interfering with communication between the other parent and the child
• Ignoring rules for decision-making on education, medical care, or extracurricular activities
• Failing to refinance or sell a home as required by the divorce judgment
• Not transferring vehicles, titles, retirement accounts, or other assets as ordered
• Violating restraining order terms or agreed boundaries related to contact

If you are dealing with any of these issues, it is worth reviewing the exact language of your agreement or final judgment. Enforcement depends on what the court actually ordered, not what one party believes the deal “should have been.”

Start With Documentation and a Practical Plan

When your ex is not following a divorce agreement, it is tempting to respond immediately, especially if you feel provoked or pressured. However, enforcement is more effective when you have a clear record of what happened and when. Courts respond to details, dates, and documentation. A strong paper trail can also discourage an ex from continuing to push boundaries.

Keep your documentation organized and consistent. You do not need to write a novel, but you do want a clear timeline. Depending on the issue, helpful records may include payment histories, screenshots of messages, parenting time calendars, school communications, medical bills, and any written notices about missed obligations.

These steps often help before formal enforcement begins:

• Review the exact court order or settlement terms to confirm what is required
• Track each violation with dates, times, and short descriptions
• Save relevant texts, emails, and app messages without editing them
• Keep receipts, bank statements, and support payment records
• Avoid arguments in writing; keep messages brief and child-focused

Even if you hope the issue can be resolved without court, preparing early puts you in a better position if enforcement becomes necessary.

Legal Options to Enforce a Divorce Agreement in New Jersey

In New Jersey, post-divorce enforcement is commonly handled through a motion, often referred to as a motion to enforce litigant’s rights. This asks the court to enforce the existing order and address the other party’s noncompliance. The purpose is not to relitigate the divorce; it is to require both sides to follow the rules that are already in place.

Depending on the circumstances, the court may order remedies designed to fix the problem and prevent it from continuing. For support-related issues, enforcement can involve payment plans, wage garnishment, and other collection tools. For parenting time issues, the court may award make-up time, order compliance measures, and, in some cases, adjust schedules if repeated violations show the current arrangement is not working.

Possible outcomes in an enforcement action can include:

• An order requiring immediate compliance with the divorce judgment
• Payment of past-due child support, alimony, or shared expenses
• Reimbursement for costs caused by the violation, such as missed travel or child care
• Make-up parenting time and clearer exchange terms
• Orders compelling the transfer or sale of property as required
• Attorney’s fees and costs assessed against the noncompliant party in appropriate cases

Each case is different, and the best approach depends on the type of violation and how long it has been happening. Some situations require firm court action quickly, especially when a child’s welfare is being impacted or money is being withheld.

When the Real Issue Is a Needed Modification, Not Just Enforcement

Sometimes a person is not following the agreement because they claim they cannot, such as due to job loss, medical issues, or other life changes. That does not mean they can ignore the order, but it may mean the case involves both enforcement and modification issues. In New Jersey, if someone wants to change support or certain terms, they typically need court approval. Until a new order is entered, the existing one is enforceable.

This is where strategy matters. If your ex is using “changed circumstances” as a reason for nonpayment or missed responsibilities, it is important to respond carefully. A court may consider whether a change is legitimate, whether the person acted in good faith, and whether they tried to address the issue through proper legal channels. If your ex simply stopped following the order without filing anything, that can work against them.

Common situations that may trigger a need for modification include:

• Substantial changes in income or employment status
• Major medical issues affecting earning capacity
• A child’s needs changing due to health or schooling
• Remarriage or cohabitation affecting financial circumstances
• A practical parenting schedule that no longer fits the child’s routine

Even in modification situations, you still have the right to enforcement for violations that occurred while the existing order remained in place.

How Our Post-Divorce Attorneys Can Help You Take Back Stability

When a former spouse refuses to follow a divorce agreement, it can feel like the divorce never really ended. You deserve a clear plan, strong advocacy, and a path toward stability. At Dwyer Bachman, Attorneys at Law, we help clients in Red Bank and across New Jersey enforce divorce judgments, address parenting time violations, pursue past-due support, and resolve ongoing post-divorce disputes.

If your ex is not following a court order, it is time to protect yourself and your family. Our post-divorce attorneys can help you understand your options and take decisive legal action when necessary. When you are ready to move forward, contact us to discuss what is happening and how we can help.