Tampa Contempt & Enforcement Lawyer
Getting through a divorce or paternity matter isn’t easy. Even if your case didn’t involve complex financial issues or a high level of conflict between you and the other party, the process can still be very stressful and emotionally exhausting as you work through the issues necessary to dissolve the marriage, separate your property, decide what parenting and timesharing will look like with the children, and move forward into a new phase of your life. At least once it’s over, all the matters have been finally resolved, and there’s no need to revisit the issues of the past.
Except that sometimes one party does not properly comply with the terms of the final judgment. A Florida judgment is enforceable by different methods, and ifthe other party isn’t complying, there are actions you can take to make sure they do. Westchase Law P.A. can guide you through it and advise you on the best way to handle your post-judgment enforcement issue. Contact our Tampa contempt & enforcement lawyers today.
Enforcing Court Orders
Even if you and the other party entered into a settlement agreement that determined and outlined the different aspects of your divorce or paternity matter, that agreement was incorporated into the final judgment and given the force of law. If you’re the other party isn’t fulfilling his or her obligations under the final judgment relating to child support, alimony, equitable distribution, or timesharing, you can file a supplemental proceeding, typically a Motion For Contempt and or Enforcement, asking the Court to force them to comply. Having a legal representative on your side is crucial in being successful in your enforcement and/or contempt proceeding. At Westchase Law, we will advise you of your options, prepare your motions and all court filings based on our extensive experience and knowledge of the law, and argue your side in court for the best chance at success.
Contempt is one of, if not the most, powerful tool a court has to ensure compliance by a party. If a party is not complying with his or her child support obligation, alimony obligation, the timesharing schedule, or certain limited aspects of equitable distribution, the judge can hold that person in contempt of court and impose financial sanctions on them or even jail time. Aside from bringing a contempt action in court, there are many other ways our attorneys can help gain compliance with court orders either through the courts or other government agencies. These options include:
- Intercepting a tax refund to pay for child support
- Getting a lien, wage garnishment or income withholding order to pay for alimony
- Requiring make-up timesharing for a parent who was denied their allotted time
- Changing the parenting time to reflect a different timesharing arrangement, so long as the change is in the best interests of the children
- Requiring parenting classes or family counseling paid for by the parent in violation of court orders
- Suspending a non-compliant party’s driver’s license, professional license, business license, or recreational (hunting, fishing) licenses
When you are seeking enforcement of court orders, it is important to go through the proper legal channels rather than taking it on yourself. For instance, it would not be lawful for you, on your own, to deny the other parent their parenting time because they failed to pay child support or honor their timesharing commitment to you. Taking actions like these would put you out of compliance with court orders yourself and possibly subject you to contempt or some of the remedies outlined above. Remember to always speak to your attorney about what to do if the other party is not complying with court orders.
It’s also important to remember that going to court might not be necessary every time you have an issue with the other party. In fact, most family court judges will not be happy to see you returning to their courtroom time and time again to work out your problems. However, we understand tat certain situations require court intervention. But, many issues with timesharing, child support,and alimony can be resolved outside of court between the parties or their attorneys. There might be a misunderstanding or miscommunication, or your ex might be having trouble complying at the moment, and a little flexibility or compromise might be the best solution for you and your children. At Westchase Law P.A., we can represent you in any dialogue or negotiations outside of court and make sure your interests are prioritized and protected. We make sure that any agreement reached is reduced to writing and submitted to the court, if necessary, not only to help ensure compliance but also to protect you and document any actions you are taking to secure enforcement.
Contact Westchase Law P.A. Today
Whether you are seeking enforcement of a court order regarding alimony, timesharing, child support, or another aspect of your final judgment, or if you are being unfairly accused of failing to comply with court orders and need to mount a strong defense in or out of court, Westchase Law P.A. is here with expert advice and effective representation to help you meet your goals. Call our family law attorneys today.