Contempt & Enforcement
Any part of a Final Order of Divorce or Paternity can be enforced: the parenting plan, child support, alimony, and the property settlement. If the other party is not paying child support, our firm can seek wage garnishment or levies against bank accounts, even retirement assets.
Failure to pay court-ordered obligations can result in contempt charges. The judge may put the violator in jail for willfully withholding payment, but before doing so must provide a purge amount which gives the violator "the key to the cell." (i.e., if the person has the ability to pay, they must be given a window of opportunity to pay).
By far the most common post-divorce or post-paternity problem faced by parents surround child support enforcement. There are a number of federal and state procedures that can be used to force a person to comply with a valid child support order. Anne E. Raduns, P.A. represents people seeking child support and defends people against child support enforcement and contempt actions.
Visitation disputes are another common area in which parents seek enforcement or contempt. Failing to turn over children at the assigned time or otherwise interfering with custody rights can also result in contempt charges, and repeated violations may lead to reopening of the parenting plan. Or when a parent intentionally and willfully fails to abide by a court-ordered visitation schedule, the court can hold him or her in contempt. Also, if a parent relocates with minor child or children without a court order, this also is considered contempt.
Call Anne E. Raduns, P.A. today for a free consultation at (352)840-9660 about your legal situation. Our firm will explain the law and possible outcomes, and work toward diligently to find an out-of-court solutions solution if possible, but will aggressively litigate on your behalf as necessary.
If you are accused of violating a court order or if you are accusing a spouse or parent of violating a divorce or paternity decree, contact Anne E. Raduns, P.A. for a free initial consultation.
Lastly, out of state divorce Final Judgments can usually be easily enforced in Florida under Florida Statutes. For example, if the parties lived in West Virginia and were divorced there, and the former husband was ordered to pay alimony but moved here, the former wife could have the final judgment enforced by obtaining a certified copy of the final judgment and filing a Petition to Register and Enforce Out of State Final Judgment locally. Once the court entered a final judgment registering the West Virginia final judgment as a Florida decree, the judge here could enforce the West Virginia final judgment as if it had been entered here.