How to Enforce a Child Custody or Support Order in Florida
Once a divorce is finalized, a family law judge in Florida issues orders pertaining to the terms involved in the case. Two of the most contentious terms in any divorce case involving children are those regarding child custody and child support. There are many reasons parents violate these orders but regardless of what those reasons are, a violation of court orders is still against the law. If your spouse is violating court orders, there are ways to enforce it. Below, our Tampa enforcement attorney explains how to do it.
How to Enforce a Court Order Post-Divorce
If you believe that your former spouse is violating child custody or support orders, you can usually take one of two actions. These are as follows:
- File a motion of enforcement: Filing a motion of enforcement is essentially asking the family court to force the other parent to comply with an existing order. If your former spouse still does not comply, the court will take further action. This can include a modification of the custody or support order, resulting in the non-complying parent losing some of their time spent with the child.
- File a motion for contempt of court: A motion for contempt officially asks the judge to hold the other party in contempt of court. Contempt of court is a charge against someone who refuses to comply with a court order. After that motion is filed, the court will order a hearing known as the show-cause hearing. At the show-cause hearing, the party violating court orders can respond to any allegations, has a chance to remedy the situation, or face serious penalties.
What are the Consequences of Violating a Court Order?
There are many consequences associated with violating a court order. These include:
- Modifying the original order: One of the first steps a judge will take is to modify the original order. This can result in giving the complying parent more time spent with their child, or ordering the non-compliant parent to repay owed child support, garnishing their wages, and more.
- More parental responsibility for the complying parent: Not only may a judge issue a new order giving the complying parent more time with the child, but they may also award them more parental responsibility. If a parent is not reasonable enough to meet their legal obligations, a court may determine that they are not reasonable enough to make decisions for the child, either.
- Criminal charges: There are times when violating a child custody or support order can result in criminal charges. For example, if a parent is four months past due on child support, and they owe $2,500 or more, they can face felony charges. Additionally, leaving the state illegally with a child or to avoid child support can also result in serious criminal charges.
Our Enforcement Attorney in Tampa Can Explain Your Legal Options
If you need to enforce a court order after divorce, you need legal help. At All Family Law Group, P.A., our Tampa enforcement attorney can advise you of your legal options and help you through the process so you obtain the best outcome possible. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to get the legal advice you need.
Source:
flcourts.gov/content/download/862636/file/Contempt
