Enforcement of court orders becomes necessary when a non-compliant party refuses to act on the final judgment of the court. The non-compliant ex-spouse may be found in civil or criminal contempt. While divorce proceedings can conclude in anticipated compliance, attitudes may change and the ex-spouse may fail to comply with court orders.
Enforcement of Court Orders
An official court order is decreed by a judge that authorizes or requires a party to take specific actions. In family law, this commonly is in respect to child support, child custody and alimony. This becomes a burden for the spouse expecting these financial obligations if the ex-spouse is able to make these payments and willfully refuses a court order.
When a non-compliant party fails in their court-ordered obligations, it is wise to obtain consultation and assistance from experienced family law attorneys. The lawyers at Hunter Law can help guide you through this stressful time period. Divorce can be one of the most stressful periods a couple may experience. It can be especially difficult when children are involved. It requires skilled, compassionate legal advice guiding you through this fragile, turbulent time.
A court may find the ex-spouse who refuses to follow an order to be in contempt. But there may be extenuating circumstances (loss of job, income) that don’t automatically find the non-compliant ex-spouse to be in contempt. Evidence must be presented and certain procedural rules must be followed before a court can make a determination.
Methods of Enforcement of Child Support Payments
There are specific ways a court can enforce non-payment of child support. A judge can order several different methods to collect due and overdue payments. In the state of Florida, judges have the right to ensure that all parties comply with court orders. They can order monetary judgments, garnish wages and at times place property liens on the the non-compliant party among other possible directives.
In some cases in order to encourage compliance, the court may require incarceration, payment of opposing attorney fees, compensatory fines as well as compensation for lost parental time. You have legal rights and make sure you have a Tampa Bay experienced family law attorney fighting for you.
While in most cases, non-compliance falls into the areas of alimony and child support payments, it can also be in violation of a parenting plan. While circumstances can vary and occasional adjustments are necessary, the intentional, repeated violation of parenting plans may necessitate enforcement with a court order. It’s helpful to keep track of repeated violations in a calendar for evidence along with witnesses if needed.. Consultation is advisable in order that the best course of legal action can be made for the best interest of your children.
It is wise to have the support of the best Tampa Bay family law enforcement attorneys at your side during this time, ensuring the legal rights of both parties are upheld. The skilled and experienced lawyers at Hunter Law will not rest until we have done all we can to advise and assist you.
If you’re having a family law issue related to enforcement, please contact us today to schedule a legal consultation.