When a marriage ends in divorce, the parties often reach a mutual understanding known as a dissolution agreement, a legally binding contract that outlines the terms of their separation. Also referred to as a settlement agreement or divorce contract, this document can cover everything from child custody and support to asset division and spousal maintenance. But what happens when one party fails to follow through on the terms? In Indiana, the dissolution agreement carries the full force of law, and courts have several mechanisms for enforcement.
In this article, we’ll explore how Indiana dissolution agreements work, what legal remedies exist if your ex refuses to comply, and how a knowledgeable attorney can help protect your rights.
Understanding the Indiana Dissolution Agreement
In Indiana, a dissolution agreement is a written contract entered into by both spouses, typically as part of an uncontested divorce. Once approved by the court, it becomes part of the final divorce decree. This means the terms of the agreement are not merely suggestions—they are enforceable by law.
Common elements of a dissolution agreement include:
- Division of marital assets and debts
- Child custody and parenting time
- Child support and spousal maintenance
- Property transfers (e.g., real estate or vehicles)
- Retirement account distributions
When both parties sign the agreement, they are legally committing to its terms. The court assumes that the spouses have freely negotiated and understood their obligations.
What Happens if Your Ex Won’t Comply?
Despite the legal weight of a dissolution agreement, it's not uncommon for one party to fall short of their obligations. Maybe your ex is late with child support payments, refuses to sign over a vehicle title, or won’t follow the agreed-upon parenting schedule. These breaches can be frustrating and financially harmful.
Common types of non-compliance include:
- Failing to make required support payments
- Not transferring property as agreed
- Violating custody or parenting time arrangements
- Refusing to sell or refinance jointly owned assets
When this happens, you have the right to seek legal enforcement.
Legal Remedies for Breach
Indiana courts provide several legal avenues to enforce a dissolution agreement. The appropriate remedy depends on the nature of the violation and whether prior court orders exist.
1. Contempt of Court
If the violation involves a failure to follow court-ordered terms, you may file a contempt motion. This asks the court to hold your ex-spouse accountable for disobeying a legal order. If found in contempt, the violating party may face penalties such as fines, wage garnishment, or even jail time.
2. Motion to Enforce
This is another common route for enforcing a divorce contract. A motion to enforce brings the issue back before the court, which can then issue specific directives or deadlines to ensure compliance.
3. Modification vs. Enforcement
Sometimes what appears to be non-compliance is really a change in circumstances. For example, a job loss might prevent your ex from meeting support obligations. In these cases, the court may consider a modification instead of punishment if the non-compliant party formally requests one.
Importance of Documentation
Regardless of which legal route you take, solid documentation is important. Courts rely on evidence to determine whether a party has breached the agreement and what remedy is appropriate.
Helpful documentation includes:
- Copies of the signed dissolution agreement
- Payment records (bank statements, canceled checks)
- Written communications (emails, texts)
- Testimony from witnesses (e.g., children, accountants)
- Police reports or other legal filings, if relevant
Having a clear paper trail strengthens your position and can make enforcement proceedings smoother and more successful.
Role of an Attorney in Enforcement Actions
While it’s possible to file an enforcement motion on your own, working with an experienced divorce attorney in Indianapolis can greatly improve your chances of success. An attorney can help you:
- Evaluate whether the violation justifies court action
- Draft persuasive motions and legal filings
- Present your evidence clearly and effectively
- Navigate potential defenses or counterclaims
In complex or high-conflict cases, especially those involving custody or significant assets, legal representation is highly recommended.
Preventing Enforcement Issues
The best way to avoid future enforcement problems is to draft a clear and comprehensive dissolution agreement from the start. Ambiguity breeds conflict. Be sure to:
- Use specific language (e.g., dates, amounts, deadlines)
- Address foreseeable issues like refinancing or tax responsibilities
- Include enforcement provisions or dispute resolution clauses
If your agreement is already finalized, you can still take proactive steps, such as requesting clarifications through court filings, to minimize misunderstandings.
Final Thoughts
Divorce is difficult enough without having to fight battles long after the decree is signed. When an Indiana dissolution agreement is breached, you have rights—and legal tools—to hold the other party accountable.
If you’re dealing with unpaid support, a property dispute, or a parenting time violation, don’t let your ex’s non-compliance go unanswered. With the help of a skilled attorney, you can enforce the divorce contract, protect your interests, and restore order to your post-divorce life.
At Ciyou & Associates, P.C., we help clients throughout Indiana enforce their divorce settlements and protect their post-divorce rights. Contact us today to schedule a consultation with an experienced family law attorney and get the guidance you need to move forward with confidence.
Frequently Asked Questions
Q: What should I do if my ex isn’t following our settlement agreement?
A: You should first gather documentation of the violation and consult with a family law attorney. From there, you can file a motion with the court, such as a motion to enforce or a motion for contempt.
Q: Can I enforce a divorce agreement without going to court?
A: In some cases, informal resolution or attorney-assisted negotiation may resolve the issue. However, if your ex continues to refuse compliance, court intervention might be necessary to compel enforcement.
Q: Is violating a dissolution agreement considered contempt of court?
A: Yes, if the dissolution agreement has been incorporated into the court's final divorce decree, violating its terms can be considered contempt of court and may result in penalties such as fines or jail time.
Q: What is the difference between a contempt motion and a motion to enforce?
A: A contempt motion alleges willful disobedience of a court order, while a motion to enforce seeks compliance with specific terms of the dissolution agreement.
Q: Why would someone request a modification?
A: A motion to modify is typically filed when there has been a substantial and continuing change in circumstances that makes the original terms unfair or unworkable. Common reasons include significant changes in income, employment status, or relocation. Filing a modification motion allows the court to review the situation and adjust the terms legally and fairly.
Q: What sets Ciyou & Associates, P.C. apart in handling enforcement of Indiana dissolution agreements?
A: Ciyou & Associates, P.C. brings decades of focused family law and appellate experience to every case. We are known for strategic, assertive representation and a deep understanding of Indiana family law. Our attorneys don't just react—they anticipate challenges and relentlessly advocate for our clients’ rights. Whether you're facing a straightforward enforcement motion or a complex post-decree dispute, our legal team is equipped to guide you every step of the way.
Enforcement actions can be complex and may require court intervention. Legal support increases your chances of success.
This blog was written by attorneys at Ciyou & Associates, P.C., and this blog is not intended to provide specific legal advice or solicitation of services as this is an advertisement.
