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When a Florida family law court enters a judgment or order, the expectation is that the parties will follow it. Unfortunately, compliance with court orders in your divorce, child custody, paternity, or child support does not always happen. When the other party in your family law case does not follow their court orders, you are left in the uncomfortable position of having to figure out what can be done to gain their compliance. The type of order violated will generally dictate the appropriate legal relief to seek from the court. Failure to pay child support comes with a completely different set of enforcement options from a violation of a parenting plan and time-sharing schedule. As experienced family law attorneys, the Tampa firm at the Family Law Advocates can assist you with all aspects of enforcing your divorce and custody orders. We know the law and understand what steps will be the most effective in getting your former spouse to comply. Our attorneys are available to discuss your options and to provide the legal representation you may need.
When a divorce is finished, the parties will be left with various orders from the court requiring them to do various things. This might include orders regarding child support or alimony. It might include making a child available for time-sharing (visitation) or the making of joint educational decisions. Generally, there will be marital property to be divided. When the other side ignores the court orders and fails to cooperate, the first step is determining the type of violation and figuring out the best course of action.
One of the most common instances in which people need help enforcing orders relates to the payment of child support, and alimony. Florida statutes offer an array of remedies, which can include contempt of court, wage garnishment, property garnishment, or other assets seizure. In many instances you will be able to seek attorney fees and costs.
When dealing with violations of a parenting plan concerning a time-sharing schedule, statute provides remedies, including a request for make-up time, the posting of financial security in the event of future violations, attorney fees, and potentially a modification of the time-sharing schedule, if requested by the aggrieved parent. Violations of parental responsibility orders related to the making of decisions can lead to a contempt of court action.
When dealing with orders concerning the division of marital property, unfortunately contempt of court is not an effective tool. However, there are other inherent remedies to enforce the property judgment, which can be enforced as a judgment and can also serve as a conveyance document.
In most of these instances, you can request attorney fees. The first step is consulting with an experienced family law attorney, who will take the time to listen to your concerns, review your orders, and help formulate a plan. At the Family Law Advocates, we are advisors, problem-solvers, and will be there to fight for you as work to gain the compliance you expected when your divorce, paternity, or child support judgment was entered.
At the Family Law Advocates, our attorneys are dedicated solely to the practice of domestic relations law. With each case, we strive to provide effective and efficient representation. We will work hard to settle your case. If settlement cannot be obtained, we will be prepared to take your case to court. We believe that each client is entitled to exceptional representation as we strive to meet their legal goals. Having an experienced and caring attorney on your side can lead to better results both in and out of court.
Call us today at (813) 592-5000, or contact us online to schedule your consultation one of the legal professionals on our family law team.
FLA represents men and women in divorce and child custody cases throughout the Tampa, St. Petersburg, Clearwater area, and surrounding communities.