Enforcement of Orders in Florida
Divorce ends with the court issuing a number of orders regarding property division, time-sharing plans, child support, and spousal support. While you and your ex-spouse likely want to move forward with your lives post-divorce, you still must abide by all the terms and conditions ordered by the court in your divorce.
All too often, one ex-spouse will fail to comply with one or more orders, which can impact the other ex-spouse’s finances, relationship with children, and more. What happens if your ex does not comply with all issued court orders? You should discuss the matter with an experienced Brandon enforcement of orders attorney.
Reasons for Enforcement
There are many ways that a spouse can fail to comply with divorce or other family-related orders, including:
- Refusing to turn over property or assets that were distributed to you in the divorce judgment
- Not following the schedule for child time-sharing
- Failing to pay spousal support
- Failing to pay child support
If needed, our legal team can help you petition the court to enforce the order or orders in question.
When your ex learns that you initiated enforcement actions, they might immediately be willing to reach a resolution to avoid penalties from the court. Our legal team can work to reach an agreement - such as a payment plan for past-due support - with your ex and their attorney.
If no out-of-court settlement can be reached, the court can take different actions to enforce the order. These can include:
- Wage garnishments
- Driver’s license suspension
- Issuing a civil judgment for support arrears
- Holding them in contempt of court
Contempt can lead to many different penalties, such as fines, paying attorney’s fees, or even time in jail.
Florida law even allows for criminal charges against parents who willfully fail to pay child support. This is generally a misdemeanor charge but can be a felony for multiple violations or if the nonpayment continues for a year and the past-due support exceeds $5,000.
Defending Against Enforcement Orders
If your ex-spouse wrongfully accused you of non-compliance with court orders, you want to ensure that you have the right legal help to defend against the allegations. Our attorneys represent clients who need to file for enforcement, as well as defend against enforcement orders. Having the right defense can protect your parental and financial rights.
If your ex has a valid enforcement order, we can negotiate with their attorney to find an out-of-court resolution to avoid going before the judge. If you are having trouble making support payments, we can assess whether you qualify for a support order modification. This can help avoid serious consequences of continual failure to pay support.
Learn How a Brandon Family Law Enforcement Attorney Can Help
If you have a reason to enforce family court orders - or you need to defend against an enforcement action - you should not delay in speaking with a Brandon family law attorney at Carman, Bevington & Finegan, P.A. Contact us online or call 813-654-3444 for a consultation and to discuss how we can help in your case.