What Happens If My Ex Doesn’t Follow the Court Order in New York?

When a New York court issues a divorce, custody, or support order, both parties are legally required to follow its terms. But what happens if your ex refuses to comply? Whether it's unpaid child support, denied visitation, or failure to divide assets, noncompliance can be stressful, unfair, and unlawful.

Here’s what you need to know if your ex isn’t following a court order, and how The Schreck Law Group can help you take action.

Types of Violations You Can Enforce

Some of the most common post-judgment violations include:

• Refusing to pay court-ordered child or spousal support

• Blocking or interfering with parenting time or visitation

• Failing to transfer property or assets as ordered in a divorce

• Ignoring terms of a separation, custody, or marital agreement

If you’re dealing with any of these issues, it’s important to document the violations and act quickly.

Your Legal Options in New York

1. File a Violation Petition (Family Court)
   For child support, custody, or visitation issues, you can file a violation petition in Family Court. The court can enforce the order through various penalties—such as wage garnishment, make-up visitation time, or even contempt of court.

2. Request Contempt Proceedings
   If your ex is willfully disobeying a court order, the judge may find them in civil or criminal contempt, which can result in fines, sanctions, or even jail time in severe cases.

3. Enforce with Income Execution
   For unpaid support, you may be able to enforce payment through an income execution, which deducts support directly from your ex’s paycheck.

4. Seek Modification if the Order No Longer Works
   Sometimes, repeated violations happen because the current order is no longer realistic. In these cases, you may need to file a modification petition to update custody, support, or parenting time terms.

 Learn more about Modifications

What Not to Do

Avoid retaliating or withholding your own compliance in response. For example, don’t deny visitation because support hasn’t been paid. The court expects you to follow your end of the order, even if the other side doesn’t.

How We Help

At The Schreck Law Group, we regularly assist clients with:

• Filing and defending violation petitions

• Gathering and presenting evidence of noncompliance

• Negotiating out-of-court solutions when appropriate

• Representing you in post-judgment enforcement hearings

• Exploring whether an appeal or modification is a better route

We’ll evaluate your situation and help you take the right steps to protect your rights and your family.

Take the Next Step

If your ex is violating a New York family court or divorce order, you have legal options. Don’t wait for the situation to escalate—reach out for trusted, experienced help.

Contact The Schreck Law Group today for a confidential consultation.