How do I enforce a Utah divorce decree (contempt & motions to enforce)? Myths vs Facts

If you live in Utah and your ex-spouse isn’t following your divorce decree, you’re not alone. Whether the problem is missed child support, ignored custody orders, or property that hasn’t been handed over, Utah law gives you clear options to enforce your rights when agreements break down. But not everything you hear about “taking them to court” or holding someone “in contempt” is accurate. This guide will bust some common myths and walk you through real, practical enforcement options in Utah.

Your divorce decree is a court order that outlines everything from child custody to property division. In Utah, these decrees are enforceable under state law—meaning if your ex ignores the terms, you can take steps to make the court step in. All district courts in Utah, from Salt Lake City to Logan, recognize and enforce these orders under Utah Code § 78B-6-301.

• Myth: I have to wait months before the court will help me.
• Myth: The only way to enforce my decree is by filing a contempt action.
• Fact: Utah offers several fast-track options, including a motion to enforce. Contempt isn’t your only route.
• Fact: If urgent, Utah courts can set enforcement hearings quickly—sometimes in weeks, not months.
• Fact: Both parties must follow the decree, and violations are taken seriously by local judges.

Understanding what works—and what doesn’t—can save you time, money, and stress.

If your ex isn’t following the decree—for example, refusing to pay alimony or share tax credits—you can file a “motion to enforce.” This is a formal request asking the Utah judge to order your ex to comply. Motions to enforce are often faster than contempt actions. According to Utah Code § 78B-6-317, the court can require immediate compliance, set deadlines, and even award attorney fees if your ex’s violation was willful.

1. Gather evidence showing the specific part of the decree being violated.
2. Fill out Utah’s official Motion to Enforce forms (found on the Utah courts website).
3. File the motion with the court that issued your original divorce decree.
4. Serve the motion on your ex-spouse (“service of process”).
5. Attend the scheduled hearing; bring your proof and any witnesses.

Judges in places like Provo or St. George often move fast to resolve enforcement disputes, especially when children are involved.

Watch this quick Utah explainer to better understand how filing a Motion to Enforce Divorce Decree works—and what to expect in your local Utah court.

This Utah video explains how to use a motion to enforce and what the courts look for in enforcement cases.

In Utah, contempt is a more serious step—used when someone willfully disobeys a court order. It requires a higher burden of proof. If the judge finds your ex in contempt, they can order fines, payment of your attorney fees, or even jail in extreme cases (Utah Code § 78B-6-310). Contempt actions may take longer than motions to enforce, but they send a strong message. Often, Utahns use contempt when milder enforcement steps have failed.

• Contempt is not for minor slip-ups—it’s for persistent, willful violations.
• You must give your ex-spouse a chance to correct their actions before escalating.

Remember: The judge will expect clear, written evidence of the violation and prior attempts to resolve the issue.

Let’s say you’re a parent in Ogden, and your ex has missed three months of court-ordered child support. You’ve traded emails and texts trying to resolve it, but nothing changes. Here’s what may happen:

1. You file a motion to enforce, attaching proof of missed payments and your communication efforts.
2. The court schedules a hearing, where both you and your ex can explain your side.
3. The judge orders immediate payment and may modify future payment arrangements or even issue penalties for ongoing noncompliance.

Most Utah judges want to see that you tried to solve things before coming to court. Always keep records of communication efforts.

Here’s how Utah attorneys and families discuss post-decree enforcement and real-life legal experiences with local divorce cases.

Description: Whether you need help with a prenup, divorce, custody issue, or post-decree enforcement or modification, this Utah attorney group highlights solutions in real cases.

• File quickly: Don’t wait—delays can make enforcement harder, especially with money or parenting issues.
• Be organized: Bring copies of your divorce decree, proof of the violation, and all communication efforts.
• Know your remedies: Utah judges can order make-up parenting time, seize paychecks, or even charge interest—depending on the violation (Utah Code § 78B-12-112).
• Consider mediation: Some Utah courts require mediation before holding a contempt hearing.
• Consult when in doubt: For sticky or high-stakes cases, talking to a Utah family law attorney can save you from missteps.

Each court and judge may handle enforcement a little differently, but the law is designed to help you get what the decree orders—without unnecessary drama.

Utah courts can still enforce a divorce decree if one spouse has moved out of state. You may need to “domesticate” or file your Utah order in another state’s court, but your local district court retains power over the terms set here. For child support, Utah’s Office of Recovery Services (ORS) helps collect across state lines under Utah-specific rules. Get legal help if your case crosses borders, but Utah law still protects your rights as a resident.

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.