Enforcement of Marital Settlement Agreement, Parenting Plan, Alimony and Child Support Orders

Enforcement of Marital Settlement Agreement, Parenting Plan, Alimony and Child Support Orders

Many times spouses or parents do not follow the agreement reached during litigation or the finals orders issued by a judge. Any agreement ratified by a judge becomes the order of the court. If either of the parties does not follow the agreement, he or she is in violation of a court order. A knowledgeable family law attorney can advise you how to proceed.

Enforcement of a Marital Settlement Agreement

If the court has ratified the marital settlement agreement, it becomes a court order. If either of the parties does not follow the agreement, that party is in violation of a court order. If the party is not following the equitable distribution (division of the assets and liabilities) portion of the marital settlement agreement, the only recourse for the other party is to file a motion to enforce the agreement, and hope that the possibility of expending legal fees and the wrath of the judge will scare the other party into complying with the terms of the agreement. Unfortunately, the judge cannot hold the non-complying party in “contempt” of a court order, as it is against the public policy of the state of Florida to imprison individuals for debts, and equitable distribution award is considered a debt.

Enforcement of a Parenting Plan

If one of the parents is refusing the other parent his or her time with the child, the court can order that the parent who missed the timesharing have a make up time with the child. The court can also order the non-complying party to pay attorney’s fees, attend a parenting class, or even modify the parenting plan.

Enforcement of Alimony and Child Support Orders

Most child support and alimony payments are done via Income Withholding Order, with payments coming out directly out of the payor’s paycheck. This eliminates lots of problems regarding the nonpayment. The courts take non-payment of child support very seriously and have many powers to induce the non-paying party to pay. For example, the court can suspend the non-paying party’s driver’s license, any other professional licenses, vehicle registration renewal, and block the renewal of a passport.

To schedule a consultation to discuss any potential enforcement issues you are facing, contact us at (305)520-9205 or fill out an online contact form.

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