How to Enforce Divorce Orders in Florida
After a divorce, a family court will issue many orders regarding the terms of the divorce. These orders may address issues such as property division, child custody, and child support, to name just a few. Court orders are final and legally binding. They must be followed and there are serious consequences for those who do not abide by them. If your former spouse is not complying with a divorce order, you can petition the court to enforce it. Our Brandon post-divorce enforcement attorney explains how to do it below.
What are Common Violations of Divorce Orders?
There are many ways people violate divorce orders, but there are some that are more common than others. These are as follows:
- Failing to sell or vacate the family home
- Refusing to pay child support or alimony
- Failing to comply with a time-sharing plan
- Failing to divide retirement accounts
- Failing to surrender assets assigned during divorce
- Failing to pay off debt obligations
The Importance of Enforcing a Court Order
If your former spouse is violating a court order, it is important that you do not take any action on your own. For example, if your former partner is not paying child support, you may think about withholding visitation. This is a big mistake. Taking any action without the permission of the court will mean that you are in violation of a court order, and you could face the same serious consequences as your ex. Instead, you must petition the court to force your ex to comply with the original order.
How to Petition the Court to Enforce an Order
There are several steps involved with enforcing a court order. These are as follows:
- Review your divorce order: Before filing a motion to hold your former spouse in contempt, you must fully review the order to determine if an actual violation occurred.
- Contact a Brandon post-divorce enforcement attorney: You have the right to represent yourself during enforcement actions, but it is not recommended. The process is complex and you should have legal representation so you have the best chance of a successful outcome.
- Talk to your former spouse: It may not be necessary to go to court. If you can talk and reason with your former spouse, you may be able to resolve the issue on your own.
- File a contempt motion with the court: If your former spouse is being unreasonable and refuses to comply with the court order, you must file a contempt motion with the court. The court will schedule a hearing and notify your spouse of when and where to attend.
- Present your case: You must establish that your former spouse is willingly violating a court order and present evidence to support your case. This is another way working with a lawyer can help.
Call Our Post-Divorce Enforcement Attorney in Brandon After a Violation
All parties involved in a divorce are expected to comply with the orders issued during the process. At Koether Law, P.A., our Brandon post-divorce enforcement attorney can help you file a contempt motion and guide you through the process so you have the best chance of success with your case. Call us now at 813-347-8193 or contact us online to request a consultation and to obtain the advice you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
