Enforcement of Orders
Assistance for Residents of Palm Beach, Martin, St. Lucie & Indian River Counties
In the event your ex-spouse refuses to comply with a court order, such as paying child support, it is advisable to consult with an experienced lawyer to determine your next steps. The court may find your ex-spouse in contempt; however, a finding of civil contempt does not happen right away. You will need to present your issue(s) before the court and present proper evidence to prove your ex-spouse failed to follow court orders.
How to File a Motion of Civil Contempt/Enforcement
To enforce an existing court order or final judgement, you need to file for a Motion for Civil Contempt/Enforcement, expressing how the other party violated the order. Some examples of a violation may include but are not limited to denying access to your child during parenting time, failing to pay child support, or missing alimony payments.
When Would You Enforce a Court Order?
Enforcing an order is sometimes necessary when the nature of a divorce changes. Perhaps the divorce was amicable and matters regarding child custody and child support were agreed upon without disputes. However, in the event one party’s attitude or feelings shift, he/she may refuse to comply with a court order out of spite and you may find yourself in a position where you need to go to court.
How to Enforce a Court Order
To encourage compliance, you are permitted to enforce a court-order obligation in the event your ex-spouse violated the terms of an agreement. You can start the process of enforcing a court order by filing a Motion for Contempt or a Motion for Order to Show Cause to request that a judge hold your ex-spouse in contempt.
The Consequences of Violating a Court Order
One party can be found in criminal contempt only if he/she intentionally violated a court order. Florida law limits the situations in which a parent can be held in criminal contempt. However, if your ex-spouse is found in contempt, he/she may face serious legal consequences. The consequences for not complying with a court order might include wage garnishment, compensatory visitation, a verbal reprimand, incarceration, and other sanctions.
Whether you are accused of being in contempt or struggling with your ex-spouse’s refusal to be compliant, it is important to resolve these issues as soon as possible to protect your family. Failure to comply with a court order can cause emotional and financial hardship on you and your child(ren), so seek assistance today.
Contact an Experienced Attorney at Our Firm
At Sasser, Cestero & Roy, P.A., we understand the importance of fulfilling a court-order obligation. After a divorce is finalized, the agreed upon court orders provide stability, defining what child custody, child support, and a parenting plan will look like as you and your family move forward. It is crucial for you to contact an attorney at our firm if your ex-spouse has violated one of these orders. We can help make it right.