This is the next article in my series on enforcing a Florida Divorce Decree. My last article discussed forcing the sale of assets to enforce the terms of a divorce. It is important to note that, while the Court will typically not force a sale unless it has to, assets will be sold if it is clear that the offending party will not comply with the Decree. An experienced attorney can assist you with determining how the Court may proceed in a given situation. In this article, I will be discussing the process of holding the other party in Contempt for failing to pay alimony or spousal support. If you or a family member are in need of assistance then contact my office today to speak with a Melbourne lawyer.
If a Divorce Decree contains a payment of spousal support then making those payments is not optional. The paying party will be in violation of a Court Order if they fail to meet their obligations. When a party is not making their payments then the first step will typically be for the receiving party’s attorney to contact the other side. If an agreement cannot be reached for the non-paying party to become current, then a Motion will be filed with the Court. This Motion will request that the offending party “show cause” as to why they should not be held in Contempt of Court. The Motion will also include a schedule of payments that has been missed. If the opposing party becomes current on their payments before the scheduled hearing, then the two sides may agree to remove the matter from the Court’s calendar.
If the opposing party does not become current then the matter will proceed to a hearing. Absent a compelling reason, the Court will often hold the offending party in contempt. While this carries the potential for jail time, it must be remembered that the Court’s goal is to gain compliance with its Orders. For obvious reasons, incarceration can make it harder to actually make payments so the Court will typically take other measures. A first step may be to set a return hearing to determine if payments have been made and for the Judge to make clear that there will be consequences otherwise. If, after a period of time, it becomes obvious that the offending party is not going to make their spousal support payments then the Court may require a term of incarceration.
Involving an attorney can quite often resolve spousal support disputes without having to take Court action. It is not uncommon for individuals to refuse to make their payments, only for them to recognize the gravity of the situation once they receive a telephone call from counsel. Such persons are often aware that they are in violation of a Court Order. They simply do not make their payments either out of an effort to be difficult for their former spouse or out of a lack of financial resources. Retaining an attorney, however, can help the other side to realize that they must become current as soon as possible.
If you are having difficulty obtaining Court Ordered spousal support payments then contact my office today to speak with a Melbourne divorce lawyer. I have devoted much of my career to the handling of family law cases and I pride myself on providing the highest level of service. My firm will work to resolve your case in the most efficient manner possible. Contact us online or by telephone today. We look forward to speaking with you.
My firm also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.