When Your Ex Fails To Comply With The Mediation Terms

Question

What happens if one party does not comply with any or most of the terms of mediation? My spouse has yet to comply with any of the terms of our mediation. This turned out to look mostly like temp orders (him paying this and that then getting a few things done). After looking at his financial declaration I don’t see how he will be able to. So, what happens if he doesn’t do any of the things we agreed he’d do while we wait for _______, or even do ________ by the date he agreed to do it by?

Answer

The case you have described does not sound like a winner on contempt. First, you have the problem of enforcement that Marco describes. If he agreed to make the payments, that agreement will be binding, but you may need to be patient in enforcing it. Second, you are unlikely to get a court to sanction your husband with attorneys fees or contempt if he does not have the ability to comply with the agreement even if it is made into an order. I suggest working with him on a payment schedule he can afford. If bills are due and he cannot pay them, you will need to look at other financing solutions.


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Steve

Steve Christensen

Steve has over twenty-five years of experience as a trial and appellate attorney, thus making him one of the most experienced attorneys in his field in the state. As an attorney, Steve quickly identifies legal issues and focuses his presentation on the strengths of his client’s cases, therefore resulting in his great success as an attorney.

He has handled over 80 trials and other evidentiary hearings before judges. He has settled hundreds of cases before, during, and after a trial. Steve takes pride in relating to his clients while conveying their cases convincingly to juries and judges.

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Steve ChristensenWhen Your Ex Fails To Comply With The Mediation Terms