Enforce Divorce Decree Alaska: Motions, Contempt, and Civil Rule 70

Your divorce decree is a court order with the full force of law behind it. When your ex-spouse ignores it — refusing to sign a quitclaim deed, skipping court-ordered payments, failing to transfer a vehicle title — you have specific legal tools to compel compliance. Alaska's unified court system standardizes the process statewide.

Motion to Enforce Property Division

When your ex will not execute the property division, file a motion to enforce with the Superior Court in the judicial district that issued your original decree. Use Alaska Civil Rule 77(c) for post-judgment motions.

The filing fee is $75 for unilateral motions. Joint or stipulated motions to modify cost nothing. If your household income falls at or below 125% of the federal poverty guidelines for Alaska, file Form TF-920 to waive the fee.

Your motion should:

• Reference the specific provision of the decree being violated
• Describe what your ex was ordered to do and what they have failed to do
• State what relief you are requesting (the court ordering your ex to comply, or the court executing the action on your ex's behalf)
• Attach a certified copy of the original decree

Alaska Civil Rule 70: The Court Does It for Them

Civil Rule 70 is the most powerful enforcement mechanism for property transfers. When a decree orders one spouse to execute a deed, sign a title, or deliver property, and they refuse:

The court can direct the clerk to execute the conveyancing document on behalf of the non-complying party. The clerk's signature carries the same legal effect as if the non-cooperating ex-spouse had signed it themselves.

This means: if your ex refuses to sign the quitclaim deed transferring the house, the court can order the clerk to sign it instead. The deed is valid, recordable, and legally binding.

Civil Rule 70 applies to:

• Real property deeds (quitclaim, warranty)
• Vehicle title transfers
• Any conveyance or instrument the decree requires one party to execute

Contempt of Court

If your ex-spouse willfully disobeys the court's order, you can file a motion for contempt. In Alaska, contempt proceedings for divorce-related violations are typically civil contempt — the goal is compliance, not punishment.

Civil contempt consequences:

• The court orders compliance by a specific date
• Attorney fees and costs can be awarded to the filing party
• The non-compliant party can be jailed until they comply (the "keys to the cell" principle — compliance unlocks release)

The burden of proof: You must show that a valid court order existed, the non-complying party knew about it, and they had the ability to comply but chose not to. "I can't afford it" is a defense if genuinely true — "I don't want to" is not.

Child Support Enforcement: CSSD

Child support enforcement in Alaska has a separate track. The Child Support Services Division (CSSD) under the Department of Revenue handles collection when a parent falls behind on court-ordered child support.

CSSD enforcement tools include:

• Wage garnishment through the employer
• Tax refund interception (federal and state PFD)
• Professional license suspension
• Passport denial
• Liens on real property, vehicles, and bank accounts

You do not need to file a separate court motion for child support enforcement — contact CSSD directly.

Practical Steps Before Filing

Before going to court, document everything:

1. Keep copies of all communications with your ex about the decree requirements
2. Document missed deadlines with dates
3. Save evidence of non-compliance (refused signatures, unpaid amounts, unreturned property)
4. Send a formal written demand via certified mail giving your ex a reasonable deadline to comply (10 to 14 days)

The written demand serves two purposes: it sometimes prompts compliance without court intervention, and if it does not, it demonstrates to the court that you made a good-faith effort before filing.

The Alaska After-Divorce Checklist includes a decree enforcement reference section with the specific court rules, forms, and filing procedures for when your ex will not comply.

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