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How do I enforce a Utah divorce decree (contempt & motions to enforce)?: 10 Quick Questions Answered

How do I enforce a Utah divorce decree (contempt & motions to enforce)?: 10 Quick Questions Answered


If you recently finalized a divorce in Utah but your ex-spouse isn’t following your agreement or the final decree, you’re not alone. Utah courts have clear rules and processes for enforcing divorce orders, from child support and custody to division of property. This guide answers common questions about what enforcement actually means in Utah, how to use the courts, and what practical steps you can take—whether you live in Salt Lake City, Ogden, St. George, Logan, or anywhere across the state.

A Utah divorce decree is a court’s final order resolving all matters of a divorce, including custody, parent-time, child support, alimony, and dividing assets or debts. Unfortunately, sometimes one party refuses to obey some part of the decree. If that happens, Utah law gives the other party the right to ask the court for help enforcing those orders (Utah Code § 30-3-5).

What are my options for enforcing a Utah divorce decree?

Utah allows you to enforce a divorce decree either through a ‘motion to enforce’ or by requesting the court hold the other party in ‘contempt’. Both are formal legal steps you take in the same court that issued your divorce. The right approach depends on what part of the order isn’t being followed and how serious the violation is. If your issue is about parent-time, child support, or specific property, a motion to enforce is often the fastest. For more stubborn violations, a contempt motion (asking the judge to punish noncompliance) may be required (Utah Code § 78B-6-310).

How does a motion to enforce work in Utah?

In Utah, a motion to enforce tells the court exactly which part of the divorce decree your ex isn’t following. You must include evidence and identify the specific part of the order being violated. The court generally reviews the motion and may schedule a hearing, especially if your ex disagrees. If the judge agrees with you, they can order your ex to comply and may make them pay your fees. Sometimes, enforcement can be handled through paperwork and sometimes a court appearance is required. For detailed steps, check Utah Code § 78B-7-404.

  1. Gather clear evidence (texts, emails, missed payments, etc.).
  2. File the correct court-approved motion (available on Utah Courts website).
  3. Attend the hearing if needed.
  4. Follow up to ensure compliance after the judge’s order.

Is contempt of court the same as enforcement in Utah?

Contempt is a specific enforcement tool Utah judges use when someone willfully disobeys a court order. While a motion to enforce asks for compliance, a ‘contempt motion’ can lead to penalties like fines, attorney fees, or even jail (though jail is rare in Utah divorce cases). To win on contempt, you must show the other party had a clear order, knew about it, and chose not to follow it. See Utah Code § 78B-6-301.

  • Use contempt if past motions haven’t worked.
  • Useful for unpaid child support, alimony, or non-cooperating ex-spouses.
  • The process is formal, and strong evidence is needed.

What evidence do Utah courts want for these motions?

Utah courts rely on clear, written evidence—like messages, payments records, or witnesses. For parent-time issues, keep detailed logs. For financial disputes, print account statements or payment histories. Documentation makes motions more successful and may help you recover attorney’s fees if the court finds bad faith.

  • Always save texts, emails, Venmo/CashApp receipts, and any court documents.
  • For parent-time, use calendars or written notes for each incident.
  • Prepare a simple, logical timeline of the violations.

Can I handle Utah enforcement matters myself—or do I need a lawyer?

Utah allows people to file enforcement motions on their own (called “pro se”). Many forms are online at the Utah Courts website. If your case is simple and just about money or parent-time, you may succeed without a lawyer. However, if there’s ongoing conflict, big money, or complicated property, talking to a Utah family law attorney is a smart choice. Free legal help may be available through Legal Aid or Utah Legal Services.

How long does enforcement or contempt take in Utah courts?

Utah courts try to move quickly, but timing depends on how busy the court is and whether both parties live locally. Generally, motions to enforce are resolved within 4–12 weeks. Contempt matters may take longer due to more hearings or required evidence. In cities like Provo or St. George, review times may differ a bit from Salt Lake City. Be prepared for some waiting and watch your court’s website for updates after you file.

What if my ex-spouse now lives outside Utah?

Utah courts still enforce divorce decrees if your ex moves away, but serving papers out-of-state can slow things down. You may need to follow “long-arm” service rules and be patient while the process server locates your ex. Most Utah decrees can be enforced as long as the original case started in Utah, but collecting money can require order registration in another state (which the court can help with). Always start enforcement where the divorce was issued—that’s usually Utah.

What can a Utah judge do if my ex won’t follow the order?

A Utah judge can make your ex pay what’s owed, turn over property, or follow parent-time schedules. Courts may also order your ex to pay your attorney fees if they violated the order without a valid excuse. In rare cases of willful contempt, judges can issue fines or even put your ex in jail to enforce compliance. Every county’s judges handle things slightly differently, but basic authority is the same across Utah (Utah Code § 78B-6-311).

Common mistakes Utahns make when enforcing divorce decrees

Some common pitfalls include waiting too long to act, not gathering enough evidence, or using the wrong forms. Don’t rely on texts alone—print copies for court. Never ignore a missed payment or denied parent-time; Utah deadlines can affect your ability to collect. Be sure to use official court forms and check local rules for your county.

  • File motions promptly—delays can cause you to lose certain rights.
  • Be respectful in all communications; angry messages can backfire in court.
  • If you’re unsure, ask a Utah court clerk or attorney before filing.

Related Video: Utah Legal Insight

Watch this quick Utah explainer to better understand how contempt motions work and how Utah courts enforce divorce and family law orders.

This Utah video explains how these laws work in real Utah divorce enforcement scenarios.

Can I modify my Utah divorce order if circumstances have changed?

If life changes—like a new job, move, or unexpected expenses—Utah allows you to request a “modification” of your decree. This is different from enforcement: you ask for a new order based on new facts. You’ll need to show a substantial and material change since the original order, and file a request with the same Utah court (Utah Code § 30-3-5).

Real-life Utah example: How does enforcement play out in court?

Imagine you live in Ogden and your ex hasn’t paid court-ordered child support for three months. You file a motion to enforce and attach your bank records. At the hearing, the judge reviews both sides and orders your ex to pay the missed amounts within 30 days, plus cover your $150 court fees. If your ex ignores the order, you can escalate to a contempt motion. Utah judges prefer payment plans and compliance, but repeat offenders can face stiffer penalties.

Practical checklist: Steps to enforce a Utah divorce decree

  • Read your decree closely and highlight what’s not being followed.
  • Organize your documents: payment logs, messages, notes.
  • Complete official Utah court forms for a motion to enforce or contempt.
  • File with the same court that issued your divorce.
  • Attend hearings and bring all evidence.
  • Ask for court costs if appropriate.

Tips for avoiding future enforcement headaches in Utah

  • Communicate in writing and save everything.
  • Stick to the court order—don’t make side deals.
  • Address problems early. Utah courts reward responsible, child-focused actions.
  • If you remarry or move, update the court about changes.

Final Word

Understanding Utah law helps you act confidently and avoid costly mistakes. Whether you’re preparing paperwork, resolving a dispute, or appearing in court, knowing your rights helps you make smarter choices. This guide provides legal information — not legal advice. For help specific to your case, contact a licensed Utah attorney.

For more plain-English Utah legal explainers, visit Utah Law Explained or explore our About Us page.



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