It is possible for a former partner to default on alimony, child support, time-sharing, and other divorce court orders. However, the law makes provisions to ensure that people follow through and obey court orders on civil issues like divorce.
Enforcement in Florida refers to legal means of ensuring full compliance with court orders in civil cases. In divorce cases, non-compliance can include failure to pay court-ordered child support, default on alimony, and lack of respect for court-ordered time-sharing schedules.
Regardless if the defaulting party intentionally defies the court order or it is circumstantial, you can secure a court order of enforcement by filing a motion of civil contempt. Here, your legal team will help you to create and present a strong case on our the defaulting party is disobeying the court order.
How Does Enforcement Work for Alimony, Child Support, and Time-Sharing?
Enforcement uses all legal means and tools to recover payment and ensure full compliance with other court rulings. These tools include;
- Liens
- Arrest warrants
- Suspension of driver’s license and registration
- Suspension of other business, recreational, and professional licenses
- Holding up for contempt of court
- Seizure or interception of assets
- Trimmings of income
- Trial for other specific related offenses
- Incarceration
- Compensation for lost parental time
- Compensatory fines
- Payment of opposing attorney’s fees
Once you file for civil contempt, the court will examine your case and explore the best enforcement tool, depending on the specifics. In some cases, the default of court orders on civil cases might carry more severe consequences than you think. The consequences can be worse if the court determines the failure to comply as intentional.
Defending Against Civil Contempt Claims
Sometimes you can find yourself on the wrong side of the law if you are the defaulting party. Sadly, unforeseen life circumstances might stop you from fulfilling your commitments and obeying court orders. In such a case, your former can file a case of civil contempt against you.
However, you can build a solid defense to avoid stiff or any consequences at all. Florida statute 775.02 only holds contempt when a party willfully flouts court orders. You might have a strong case if your lack of compliance falls outside this statute.
In cases such as health-related issues, loss of employment that affects financial capacity, and other unforeseen circumstances that affect your capacity to comply, a viable legal representation will help present your case and avoid serious consequences.A team of experienced legal representatives can help you gather and present facts showing your current situation and renegotiate the initial order.
