Enforcement / Modification
Elizee Law Firm is a law firm located in Brickell in Miami, Florida. The firm handles all family law issues in Miami-Dade and Broward counties. Our family lawyers can represent you in your pending divorce, dependency, domestic violence, or paternity case.
A family law case is frustrating enough. What happens when the case is over and your ex is not following the judge’s order? What options do you have in Florida when the other person decides not to pay child support, alimony, or refuses to transfer a bank account or property?
When it is clear that the final order is not being followed, you should notify the court by filing the proper documentation. There are several ways that the court can enforce an order. For example, it may find the other party in contempt of court, it may garnish wages by an income deduction order, suspend the offending person’s driver’s license, fines can be imposed, timesharing can be limited or modified, and the party can be arrested.
When the offending person is properly served, the Florida court will retain jurisdiction over the case including the enforcement. When a party refuses to follow the court’s alimony or child support order, a motion for contempt is filed. For the motion to be successful, the moving party has the burden of showing the court that the non-paying party had failed to make the payments when due and is currently in arrears. The court must also find that the non-paying party has the current ability to pay. 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.
In certain circumstances, it may be appropriate to amend the Final Judgment. The income of a party may have changed warranting a modification of child support or alimony awards. The circumstances surrounding a parenting plan and a time sharing schedule with the minor children may also warrant a modification. Filing for a modification can open the case to be re-examined by the court.
Enforcing a final order or attempting a modification can be very frustrating and confusing. Elizee Law Firm can help you get the result that you want. Contact us at (305) 371-8846 for more information.