A court order is an official decree by a judge that either requires or authorizes a party to take specified action. In divorce cases, a judge will commonly issue a court order with respect to child support, alimony, and child custody, and each party will be legally obligated to comply with the court order. If your ex-spouse has failed to comply with the terms of a Florida court order and you need help with enforcement, you should seek the advice of a Florida family law attorney.
Child support and alimony payments are the most commonly violated court orders. Violating these court orders could mean the spouse required to pay child support or alimony will pay less than what is required, pay late, or not pay any money at all. This can have a devastating effect on the spouse that depends on and deserves these payments for financial support. Fortunately, in many cases our Tampa family law attorneys are able to establish a wage garnishment against a noncomplying ex-spouse. The wage garnishment automatically deducts the funds you are entitled to receive from your ex-spouse’s paycheck and deposits the funds directly into your account.
If your ex-spouse is not providing their required financial support, you should seek the aid of a Tampa divorce attorney at our firm before you take any action. It is never wise for any party to willfully disregard the obligations under a court order in an attempt to retaliate against an ex-spouse’s misconduct. Both parties will remain bound to the court order, even if one party intentionally fails to comply with the terms of the order. Therefore, if an ex-spouse fails to pay child support, their child custody or visitation rights should not be taken away without first obtaining a court order.
Consult With A Tampa Divorce Lawyer About Enforcement of a Court Order in Florida
If you have not been given the financial support or child custody you are entitled to by a court order, contact Florida Law Advisers, P.A., for help. Our family law attorneys are experienced and skilled in enforcing all types of family law court orders. We will aggressively defend your rights and fight to resolve the situation as quickly and efficiently as possible. We understand these may be stressful times, and our professional legal team will be by your side every step of the way to provide the legal support you need.
Frequently Asked Questions
Typically, a motion for contempt is used when a parent stops paying child support. If the motion is granted, the court will require the support to be paid. Additionally, the judge can impose penalties until the child support is paid.
You are not required to hire an lawyer, but it is recommended to obtain a lawyer to assist. The judge can even require the other party to pay your attorney’s fees, as a sanction for their failure to comply with the court order.
A motion for contempt may be used against a parent who does not follow the parenting plan. If granted, the judge can impose financial penalties and modify the parenting plan to account for the violations.
If the alimony is not being paid as required, you may have grounds to file a motion for contempt. If the motion for contempt is granted, they will be required to pay the alimony. Additionally, the judge can require the other party to pay your attorney’s fees, as a sanction for their failure to pay alimony timely.