Sarasota Enforcement of Orders Lawyer

A good lawyer aggressively enforces orders without throwing gasoline onto a fire.

Upstream issues typically create downstream enforcement problems. Typically, the post-trial voluntary compliance rate is much lower than the post-settlement voluntary compliance rate. Many people are hesitant to comply with orders that a judge or jury dictated, but they will follow orders they themselves issued, at least to an extent. Other times, the final paperwork is vague or improperly drafted, and obligations are unclear or subject to different interpretations.

The experienced Sarasota enforcement of orders lawyers at Carman, Bevington & Finegan, P.A. routinely handle such matters throughout the Sunshine State. Therefore, our team is familiar with all the unique rules in different courts. This familiarity includes the unwritten rules. As a result, we are well-positioned to comprehensively enforce family law orders. We thoroughly analyze existing orders to ensure their provisions are crystal clear. Then, we offer families a variety of enforcement options that protect the people you love while upholding your legal and financial rights.

Custody/Visitation Enforcement

James Bond author Ian Fleming wrote that once is happenstance, twice is a coincidence, and thrice is enemy action. His observation about the international spy game also often applies to custody/visitation enforcement in Florida.

Unfulfilled weekend swap arrangements (if the children stay with me this weekend, you can have a makeup weekend next month) are a good example.

If a parent breaks a promise once, a judge is unlikely to intervene. However, the other parent usually doesn’t know that. So, a polite but firm letter from a Sarasota enforcement of orders lawyer often convinces reluctant parents to make good on their promises.

If a parent breaks such a promise twice, the situation bears watching. A motion to enforce may be a good idea in these situations so the court is aware of the issue as well.

If a parent breaks this promise three times, an attorney should take prompt and aggressive action. Most likely, the repeated broken promises are part of a PAS (parental alienation syndrome) campaign. The alienating parent intentionally drives an emotional edge between the child and the targeted parent, usually by denying visitation and giving special privileges to the child (e.g., I bet Dad does not let you stay up this late).

The emotional damage that PAS causes is permanent. Children are extremely vulnerable emotionally, especially if a “trusted” adult is doing the damage.

Enforcement of Family Support Orders (FSO)

Family Support Order (alimony and child support) enforcement follows a similar 1-2-3 pattern. Some obligors fall behind on FSO payments because of a temporary income disruption. These parents usually want to make things right, so a lawyer simply needs to reach out to them and offer a reasonable payment plan.

Other times, the failure to pay is more intentional. The obligor has the ability to pay but either refuses to pay or conceals income. Several enforcement options are available in these cases, such as:

• Property/Credit Lien: A lien produces no results initially. Eventually, however, the obligor will try to borrow money or sell the property. At that point, the lien must be resolved, and the obligee is in the driver’s seat.
• Payment Intercept: Some obligors receive large tax refunds, lawsuit settlements, lottery payments, or other financial windfalls. FSO delinquencies must normally be paid before the obligor gets any money in these situations.
• Wage Garnishment: In Florida, an employer may withhold up to 50% of an obligor’s earnings to satisfy current obligations and prior arrearages. Alternatives, such as bank account freezing, may be available if the obligor is self-employed.

The third step involves probation or incarceration. This option is available if the obligor has ignored previous collection attempts. If jail or probation looms, it’s amazing how quickly the most delinquent obligors suddenly find the money.

Work With a Sarasota County Family Law Attorney

Family law matters involve emotional and financial issues. For a confidential consultation with an experienced family law attorney in Sarasota, contact Carman, Bevington & Finegan, P.A. The sooner you reach out to us, the sooner we start working for you.