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How do I enforce a Utah divorce decree (contempt & motions to enforce)?: 7 Mistakes to Avoid

How do I enforce a Utah divorce decree (contempt & motions to enforce)?: 7 Mistakes to Avoid


If you live in Utah and your ex isn’t following the terms of your divorce decree—such as paying child support, complying with custody orders, or dividing property—the good news is you have clear legal tools to help enforce that decree. Utah law gives you options like filing a Motion to Enforce or seeking a contempt order through the courts.

This guide covers the most common mistakes people in Utah make when trying to enforce their divorce orders, with tips to help you avoid delays, wasted court filings, or making your case harder than it needs to be. We’ll go step by step, reference real Utah Code sections, and include local examples from places like Salt Lake City, Ogden, and St. George.

Understanding Your Utah Divorce Decree

Your divorce decree is a formal court order. In Utah, the decree outlines financial obligations, parenting arrangements, property division, and more. Once signed by a judge (often under Utah Code § 30-3-5), both sides are legally bound to follow its terms.

But if your ex ignores the agreement or doesn’t deliver on what they promised, you can seek court help to get things back on track. Always double-check exactly what your decree requires before taking the next step.

The Two Main Enforcement Paths in Utah

Utah courts generally offer two main methods to enforce divorce orders:

  • Motion to Enforce: This is a straightforward option, filed under Utah Code § 78B-6-318, that asks the court to order your ex to obey the decree. The court can award you fees or set new deadlines.
  • Contempt of Court: More serious. If your ex knowingly disobeys the decree, you can seek a court contempt order (see Utah Code § 78B-6-301). Consequences can include fines or even jail in rare cases.

Utah judges usually require that you try a Motion to Enforce before filing for contempt—especially for minor or first-time violations.

7 Mistakes to Avoid When Enforcing Your Utah Divorce Decree

  1. Assuming the court will act without a formal request. Utah courts cannot enforce your decree if you don’t file a motion or contempt action.
  2. Skipping required documentation. You must attach copies of your signed decree, evidence of violations, communications, and any prior motions.
  3. Using the wrong type of motion. Don’t confuse a Motion to Enforce with a motion to modify; enforcement is about making your ex do what was ordered, not changing the order.
  4. Not clearly stating what’s been violated. Point to the exact section of your decree and supply proof (emails, payment records, texts, etc.).
  5. Waiting too long to take action. Delays make it harder to get relief. File as soon as issues arise—even if it’s uncomfortable.
  6. Letting emotions drive your filings. Stick to facts and Utah law. Judges respond best to clear, focused requests backed by evidence.
  7. Not requesting all appropriate remedies. Utah law lets you seek payment of legal fees, make-up visitation, or enforce specific property transfers—be sure to ask for what you need.

What Utah Courts Expect from Your Filing

Utah judges look for details and clarity—not just complaints. Your written filing must:

  • Clearly cite the section of your divorce decree that’s being ignored.
  • Include documentation and a short statement of facts.
  • Propose solutions (such as immediate payment, return of property, or establishing new timelines).

Family courts in Utah can be strict about formats. Use official state court forms if possible—the Utah Courts website has packets and checklists.

Related Video: Utah Legal Insight

Watch this Utah video explainer to better understand how court orders can be enforced and what options you have when your ex doesn’t comply.

This video breaks down enforcement of Utah court orders and what to expect in family law cases.

Utah Example: How Enforcement May Play Out

Suppose you live in Provo and your ex hasn’t transferred the car title as required. After months of reminders, you file a Motion to Enforce in Utah’s Fourth District Court. The judge reviews your decree, emails requesting transfer, and your motion packet. If the ex still refuses, the judge may order compliance within 10 days or hold a contempt hearing.

In child support cases, like a parent in Ogden not making court-ordered payments, the judge can order wage garnishment, interest, or even suspend driver’s licenses under Utah Code § 78B-12-112. Local help is available if you need it—don’t wait if your rights aren’t being respected.

Tips for Success: Utah Court Enforcement

Here are practical tips tailored for Utah residents facing divorce decree violations:

  • Keep a written record of all communications and missed obligations.
  • Use official Utah forms for Motions to Enforce or contempt filings (Utah Court Forms).
  • Be specific and brief: List only the facts you can prove.
  • Attend all scheduled hearings and prepare your evidence.
  • Consider mediation first if the breach is minor—Utah courts sometimes require this step.
  • Consult a Utah attorney for complex or ongoing problems, especially if children or property are involved.

Final Word

Understanding how Utah enforcement actions work empowers you to act quickly and confidently. Filing the right motion—backed by specific facts—can often resolve the issue and keep your case out of extended litigation.

Remember, this guide offers Utah legal information—never personal legal advice. Every divorce is unique. For tailored help, speak with a licensed Utah attorney. For more plain-English legal explainers, visit Utah Law Explained or check out our About Us page.



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