When Your Ex Doesn’t Pay
Parents have an obligation to provide for their children and follow the terms of their marital dissolution, even after a divorce. If one parent fails to pay child support or alimony, a family law specialist should be sought out to handle any related disputes.
Florida law provides different avenues for enforcement. At my firm, Mark E. Sawicki, P.A., I will listen to your situation and advocate for you to receive the payments that are due to you and your child. Call 954-928-9331 to speak with me, attorney Mark E. Sawicki, about your issue.
What Are Contempt And Enforcement?
Contempt and enforcement are legal terms that are connected to the implementation of all items in a court order. They also keep the former spouses from not following through on obligations after a divorce. These are problematic areas that require a lot of effort to prove and defend in court. However, for many people, these legal proceedings may be necessary because they will provide economic means for a parent to adequately provide for themselves and their children.
Filing For Contempt
For divorce cases, contempt means “a willful violation of a court order,” in that a former spouse has not been following one, some or all parts of the final agreement, specifically those regarding alimony and child support payments. A contempt case can be defended by proving that the former spouse did not commit a violation or that the violation is not willful. In some instances, such as a serious health crisis or loss of employment, a modification to the original divorce decree and order may be reasonable.
Court Enforcement
If the judge finds that a spouse has committed contempt, then the judge can order a contempt enforcement. The purpose of this is to make sure that the alimony and/or child support is paid. Both are usually set according to what the former spouse and/or child needs to maintain the same quality of life that they were accustomed to during the marriage. The court and the former spouse who has committed contempt can negotiate on how these payments can be made, such as by installment or in one lump sum on top of additional regular payments. The court can also choose to get control of the erring former spouse’s bank accounts.
Risks Of Contempt And Enforcement
An individual who has been found to have committed contempt and has failed to make any restitution may go to jail. In order to defend oneself effectively in a contempt lawsuit, it is best to enlist the services of legal experts who can help you in court. I work with parents and ex-spouses so that they understand their rights, obligations, and options. No matter what the issue, my goal is to overcome obstacles and protect your peace.
Get Skilled Guidance For Alimony And Support Matters
As an experienced Florida divorce and family law attorney, I have a solid understanding of what is expected, what is never allowed, and what the viable options are in these matters. Call 954-928-9331 and speak with me about filing for contempt or other related issues at my Fort Lauderdale or Palm Beach Gardens offices. You can also reach me via my website contact form.