Enforcement

Enforcing Divorce Court Orders

What can you do when you’re ex is not paying child support or alimony? In Florida, there are several methods of enforcing court orders that have the following subject matter:

• child support
• child custody
• alimony
• time sharing
• property division
• out of State orders

When you determine that your final judgment is not being complied with, you should immediately notify the court about the violation of the judgment or order. If a party is represented by an attorney, the attorney can file an appropriate motion to the court seeking enforcement of the court order.

Boca Raton Divorce Order Enforcement Attorney

The Law offices of Boca Raton Divorce Order Enforcement Attorney, Jessica Mishali, represent clients in all phases of the divorce process. Once an order or judgment is obtained, the next step is to bring an enforcement proceeding. Our office can forcefully and efficiently represent you in all enforcement matters including: child support, child custody, time sharing, alimony and marital settlement agreements. Our office has been representing clients in Boca Raton for 40 years. Protect your rights by calling us at (561) 833-2772 or contact our office online.

Methods of Enforcement by the Court

In Florida there are several ways the court can enforce its orders. If the facts are appropriate; the court can do the following:

• A party can be held in contempt of court
• wages can be garnished by an income deduction order
• bank assets can be seized or frozen
• the drivers license of the offending spouse can be suspended
• custody and timesharing can be limited or modified
• a spouse can be arrested
• fines

Court Orders can be Enforced Even if Your Spouse Leaves Florida

If your spouse has been properly served with divorce papers in the original divorce case, the Florida court will retain jurisdiction over your spouse even if he or she leaves the state. Therefore, court orders can still be enforced in Florida. Also, a Florida court order will be recognized in another state and enforced by the state where your spouse resides. Failure to pay child support or alimony is typically enforced by contempt proceeding. A contempt proceeding is initiated by filing a motion for contempt. In order to be successful in the prosecution of a contempt motion you must show that the non paying spouse has failed to make the payments when due and is currently in arrears. Also, you must show the court that the nonpaying spouse has the present ability to pay. It is not a defense to contempt if the nonpaying spouse is voluntarily unemployed. Furthermore, it is not a defense for the nonpaying spouse to claim he has been denied time sharing. Once child support or alimony payments are past due, they are said to be vested and cannot be the subject of modification. Furthermore, the failure to pay child support can be enforced even after a child has reached the age of majority.

Out of State Judgments can be Enforced in Florida

“Foreign judgments” are those rendered by other states or foreign nations there are various methods available to have a Florida court recognize or enforce foreign judgments far judgments can be established , and forced, or modified in Florida providing that the original court had jurisdiction when it entered the judgment furthermore, in order for a Florida court to enforce a foreign judgment the court must have personal jurisdiction over the other party.

Florida Enforcement Attorney

Sometimes enforcement of a court order can be as difficult and challenging as the original divorce case. If you are in the Boca Raton area, the Law offices Boca Raton enforcement attorney, Jessica Mishali are ready to assist you in your enforcement matter. Please call us at (561) 833-2772 for a consultation or contact us online.