The Final Judgment of the Court is an order for the parties to do certain things. Your Final Judgment may contain an award of alimony, or it may require your spouse to pay you part of their pension, or that they refinance the house to get your name off the mortgage. A party may be ordered to do certain acts, transfer an IRA, or to have a QDRO prepared, or insuring that one spouse gets to exercise their COBRA rights to medical insurance.
What do you do when your ex-spouse refused to comply with the Court’s orders as contained in the Final Judgment, your Marital Settlement Agreement or in a Parenting Plan? Your ex-spouse’s failure to comply with the terms of a court order can be effectively dealt with by your retaining an attorney who specializes in marital and family law to enforce the terms and conditions of the various orders entered in your case. Our expert attorney at The Law Firm for Family Law can help you obtain enforcement of a court order if the other party is not fulfilling his or her duty or if the other party is interfering with your right to time-sharing.
The process of enforcement is begun when your attorney files a Motion for Enforcement (and in some cases for contempt) and ask the Court to bring the violating party into compliance with the orders of the Court. If the Court finds that the offending party has the ability to comply with its order and failed to do so, then the Court will find the party in contempt and the Court can then utilize the sanctions of ordering the party to pay the sum owed, do the thing ordered and as sanctions grant an award of attorney’s fees or the incarceration of the offending party, until they bring themselves into compliance with the Court’s orders.
The process of seeking enforcement of a Court order begins with the filing of a Motion for Enforcement and Contempt. In that motion, your expert attorney will outline what order was entered by the Court and how that order is being violated by the opposing party. Remember, Final Judgments, Marital Settlement Agreements and Parenting Plans are all types of “orders” that can be enforced when one party is not in compliance with any of their provisions.
Once the motion is filed, it will be set for a hearing before the Court and your attorney will outline for the Court how it is that your ex-spouse is in violation of the order and he will ask the Court to enforce the order. If the Court finds that your ex had the ability to comply with the order and willfully failed to do so, then the Court has the right to impose sanctions, which can range from paying your attorney’s fees to incarceration in the county jail until they make themselves compliant.
Presenting these types of motions to the Court can be fairly complicated because of the evidentiary requirements to establish contempt. Our firm’s expert attorney is well versed in those evidentiary requirements and with what other testimony may be necessary to establish the Court’s reason for enforcement.
Hire a Divorce Lawyer in Clearwater, FL
Do not let your right to support, alimony, equitable distribution or parenting time be taken away from you! Our expert in family and marital law, located in Clearwater, can help you approach the court and request the enforcement of Court’s orders on child support, alimony, equitable distribution, parenting time or other issues. Our firm practices only in family law and has handled more than 1,800 family law cases. We focus on client care and provide personal attention and assertive representation to each and every case. Contact us as soon as possible to learn what we can do for you! Call us for a free consultation at 727-531-8737.