What Happens If a Person Breaks Divorce Agreements in Oregon?
In the state of Oregon, a person that breaks a divorce agreement is also violating orders of the court. A divorce agreement is incorporated into a divorce decree and made a part thereof. Therefore, by breaking the agreement you can be found in contempt of court.
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Definition of Contempt
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Contempt of court is when someone defies the authority or orders of a court of law. When one party fails to comply with a divorce decree, this can be considered a form of civil contempt.
Procedure
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When one of the parties to a divorce in Oregon breaks the agreement that was incorporated into the decree, or fails to abide by the decree in any way, the aggrieved party may file a motion for contempt in the court where the decree was granted. If the judge feels that the motion has merit, a hearing will be ordered and the party in contempt will be ordered to appear.
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Types
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A party can be in contempt for a variety of reasons. The most common situations are for failure to pay child support or alimony, failure to relinquish property or assets as ordered by the court, failure to abide by parenting time orders and failure to pay debts that were ordered to be paid in the decree.
Sanctions
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Oregon Revised Statutes Section 33 discusses sanctions available in contempt proceedings. A judge may order the party in contempt to pay a sum of money, to pay the aggrieved party's expenses, pay a fine for each day that the party remains in contempt or even order incarceration. The judge has broad powers to craft a remedy that will bring the party into compliance.
Prevention/Solution
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A divorce decree is not simply a guideline for the parties. A divorce decree is a set of orders that have been issued by a judge. If you and your ex-spouse reached an agreement that was incorporated into the decree, the terms of that agreement are still considered orders of the court. Make sure that you understand the duties and obligations set out in your divorce decree. If your circumstances have changed since the decree was issued, consider filing a motion to modify before you are found in contempt.
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References
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