Q: Hi my ex spouse continues to violate our agreement, Do I have to open a new case? or can I file under the old case?
We have not been in court in some time
A: If your ex-spouse is violating a court-ordered agreement, such as a custody, visitation, or support order, you generally do not need to open a new case. Instead, you can file a motion or petition to address the violations within the existing case. Depending on the nature of the violations, you may need to file a Motion for Contempt or a Motion for Enforcement with the court that issued the original order.
Garrick Neal Fox , Terrence H Thorgaard and Destardes Moore agree with this answer
A: You wouldn't open a new case. You would file a motion in the same case, referencing the provisions in the order that your former spouse has violated, and stating the relief you are seeking.
Terrence H Thorgaard agrees with this answer
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