Enforcing Family Law Orders in Florida
In Florida, when a final judgment has been entered in a family law or divorce case, the order becomes subject to the enforcement powers of the court. For this reason, it is important for your Tampa Family Law Attorney to get your settlement right the first time. Whether through negotiations or if an impasse is reached, through litigation, Nilo J Sanchez & Associates makes every effort to ensure that your best interests are considered. This includes the consideration of the ability and probability of future compliance of both parties. If a party to the final order does not comply with a court order in full or in part, there are solutions to obtain relief.
The most common areas that are problematic post judgement are as follows:
Timeshare & Custody Enforcement
All too frequently, a parent may not wish to comply with timesharing or the parenting plan. One example is when a parent simply refuses to comply with ordered timesharing. Another example is if a parent refuses to return a child at the scheduled time or if a parent is not showing up for their timesharing and yet child support was calculated based on that percentage of timesharing.
Read: Legal Remedies for Timesharing ‘No Shows”
Worst case scenarios is if a parent absconds with a minor child. If this occurs, it’s important to call law enforcement first then consult with a Tampa Child Custody Attorney. Depending on the nature of the non-compliance, your attorney can file the proper motions with the courts for relief such as;
- A motion for Contempt & Enforcement
- Emergency Pick up Orders
- Modification of Timesharing & Child Support
Child Support
In a contested divorce where minor children were present, child support was likely ordered. If for some reason an income deduction order wasn’t included and the payee refuses to pay, or if the payee changes employment or becomes unemployed or is hiding employment, a motion to enforce child support can be filed with the courts. Other similar areas that may need to be enforced by the courts might include;
- Medical or healthcare costs
- Childcare expenses or other money awards ordered by the courts regarding the children’s financial needs.
It is crucial to comply with your child support order. The first step to compliance is being aptly represented in your divorce or paternity case and before a judgment is entered. If you do not pay the ordered support or other obligations set forth in your final order, the court has the power to sentence you to jail, to order fines, have your professional licenses suspended, driver’s license suspended or even order the garnishment of your assets for past due child support.
“If you are not receiving your court ordered child support or other monies ordered by the court from your spouse or parent of your children, please contact Nilo J Sanchez & Associates for a consultation. If you have been served with a motion of contempt & enforcement, it is important that you are prepared to defend yourself against the lawsuit that is being filed against you.”
Alimony
Florida Alimony is a contentious subject matter and sometimes those who have been ordered to pay it may simply refuse to do so. Alimony awards can depend on the experience of your Tampa divorce attorney. The courts order alimony based on specific findings. Your lawyer must protect your best interests and aggressively represent you. Whether you are in need of alimony or you will be ordered to pay it, negotiating or litigating an alimony settlement that will best reflect facts and future compliance is paramount. Although it is usually preferential to seek resolve through negotiations and mediation to an agreeable marital settlement, you should look to hire a Tampa divorce litigation attorney should your case go to trial .
If you were ordered to pay alimony, it is important that you pay it as ordered. If you are unable to pay, you should consult with a Tampa alimony attorney to see if filing a supplemental petition for modification of alimony would be feasible. If you have been served with a Motion for Contempt or enforcement, it’s important that you know your rights. Read: Penalties for Non Payment of Alimony in Florida
Division of Property
If your final divorce order included the division of property and you have not received it as ordered, filing a motion to compel compliance may be necessary. There are options that our family law firm can discuss with you with regards to collecting what was ordered to you by the courts.
When applicable, there may be the option to utilize a Qualified Domestic Relations Order to seize the funds directly from the defaulting party’s retirement account.
Contact Us
If you are unable to comply with a court order or if you need relief in a post judgment family law matter, please contact our Tampa family law firm for a consultation.
