Post-Judgment Motions in Florida Family Court: When and How to File
In ideal situations, after a family law court has issued a divorce decree, the two former spouses can transition to post-divorce life fairly smoothly. However, this is not always the case. The terms stipulated in a divorce decree are final and legally binding. Still, this does not mean that both sides will comply with its terms. At some point post-divorce, one person may refuse to pay alimony or violate the terms of the parenting time schedule.
In these situations, the wronged party can file a motion with the court to enforce the order. In rarer cases, it may also be possible to appeal a divorce case. Below, our Tampa Bay court order enforcement attorney explains in greater detail.
When to File a Contempt Motion
If your former spouse has failed to comply with any part of your divorce decree, you can file a contempt order with the court. Although any violation of the final terms can result in a formal hearing, there are some violations that are more common than others. These are as follows:
- Refusing to pay alimony or child support
- Failing to vacate or sell the marital home
- Failing to divide retirement accounts
- Failing to comply with the parenting schedule
- Refusing to surrender a pet awarded to the other side
Filing a Contempt Motion
Filing a contempt order takes a few steps. They include:
- Carefully review the decree: First, review the full divorce decree to determine if your former spouse violated its terms. You will have to prove the violation.
- Communicate with your former spouse: It can sometimes help to talk to your former spouse before taking the matter to court. If they are violating the terms for valid reasons, such as a new work schedule, it may be possible to reach a new agreement with them.
- File the motion: If your former spouse continues to refuse to comply or reach a new agreement, you may have to file a motion of contempt with the court. Your spouse will be served with papers and you will both attend a court hearing.
- The contempt hearing: It is important to attend the contempt hearing. The judge will hear from you and your former spouse before making a decision.
Appealing a Divorce in Florida
If you believe there was an abuse of discretion, legal error, or overlooked evidence in your original case, you may be able to appeal the divorce. An unsatisfactory outcome is not reason enough to appeal a divorce in Florida. To do this, you must file a Notice of Appeal within 30 days of the final judgment.
Our Court Order Enforcement Attorney in Tampa Bay Can Help You Through the Process
Whether you need to enforce a court order or appeal your divorce case, our Tampa Bay court order enforcement attorney at Florida Law Advisers, P.A. can help. We can review the facts of your case, determine the best legal option for you, and guide you through the process so it is as easy as possible for you. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0985/Sections/0985.037.html
