A divorce may be resolved by order of the court in a divorce decree or by agreement of the parties in a marital settlement agreement or mediated settlement agreement (MSA), and the former spouses (parties) are required to comply with their obligations under the divorce decree or MSA.
When a party fails to meet their obligations under the divorce decree or MSA, the other party may (1) file a motion for enforcement or request for orders (RFO) with the court that had jurisdiction over the parties’ divorce proceeding; (2) request an order for the non-compliant party to comply; and (3) request the court to order the non-compliant party to pay the attorney fees and costs incurred by the party seeking enforcement of the divorce decree or MSA.
And if a party repeatedly fails to comply with the court’s orders, the other party may seek to have the non-compliant party held in contempt of court—a special procedure for forcing compliance or punishing non-compliance—in which the court may award both civil penalties (fines, assessment of attorney fees and costs) and criminal penalties (confinement in jail as punishment for failing to comply with the court’s orders).
In Pennsylvania, when a party does not fulfill their obligations under a divorce decree or a Marital Settlement Agreement (MSA), the other party can take legal action to enforce compliance. The aggrieved party can file a motion for enforcement or a Request for Order (RFO) with the court that originally handled the divorce. This motion can ask the court to order the non-compliant party to fulfill their obligations and to cover the attorney fees and costs incurred by the party seeking enforcement. If the non-compliant party continues to disregard the court's orders, the other party may pursue a contempt of court action. Contempt of court can result in civil penalties, such as fines and the payment of attorney fees, or criminal penalties, which can include jail time. This process is designed to ensure that parties adhere to the terms set forth in the divorce decree or MSA and to uphold the authority of the court.