Orlando Contempt & Enforcement Attorney
When the divorce is finalized, there is the final decree. This legal document includes orders by the court. These orders may include alimony and child support.
While the decree does not come with any built-in enforcement measures, the parties are legally obligated to abide by the orders. When the ex-spouse refuses to follow the orders, you may wonder what options you have. How can you get your ex-spouse to enforce the order?
Typically, there are two options: motion for contempt and motion for enforcement. It can be hard to distinguish between the two. Which one should you choose? Contact Orlando contempt & enforcement attorney Steve W. Marsee, P.A. Attorney at Law to learn more about these legal options.
Motion for Contempt vs. Motion for Enforcement
When your ex-spouse is refusing to follow a court order and meet their financial obligations, you may want to know what you can do to hold them accountable. There is a motion for contempt and a motion for enforcement. You want to make sure you choose the right one so you don’t delay your case.
First, you will need evidence to prove that:
- The current order was issued by a Florida court.
- The order is valid and enforceable.
- Your ex-spouse failed to abide by the court order.
Next, you’ll need to choose the right option. A motion for enforcement is needed when you want to ask the court to seek compliance with a court order. You would ask for a motion for contempt when you have evidence of willful disobedience in regards to a court order.
Types of Contempt
Under Florida law, there are two types of contempt:
- Civil contempt. This is used to coerce a non-compliant party to obey a court order.
- Criminal contempt. This is used to punish a non-compliant party for failing to comply with a court order.
The most common forms of contempt are failure to pay child support or alimony. When your ex-spouse does not abide by a court order, they are considered to be in contempt of court. Those in contempt of court can face harsh penalties, including fines and imprisonment.
Motion for Enforcement
If your ex-spouse fails to comply with a court order, you can file a motion for enforcement. This asks the judge to enforce the order and allows them to garnish the person’s wages, issue a monetary judgment, or place liens on property. The judge could impose other penalties to get the person to obey the court order.
Contact Us Today
When one party fails to obey a court order, it is called contempt. Contempt of court comes with serious penalties, so it’s imperative that you take action.
Orlando contempt & enforcement attorney Steve W. Marsee, P.A. Attorney at Law can help you seek enforcement for your non-compliant spouse. We can help you get the compensation outlined in the divorce decree. Call 407-521-7171 or fill out the online form to schedule a consultation.