Family Law Court Order Enforcement Lawyers in Jacksonville

How Do You Enforce Court Orders?

If your court orders have continually been ignored, the best solution is usually to take the issue to the court. The court may take a gentler approach at first, trying to encourage the delinquent party to comply with the orders before taking more serious measures. If the negligent party continues to ignore the order, the court will define the act as a civil contempt issue.

What Is Civil Contempt?

There are several different ways in which the Florida legal system may deal with ignored court orders. When court-ordered payments, custody orders, or visitation schedules have been ignored, the wronged party may file a motion for civil contempt to hold the delinquent party responsible for their mistakes.

In certain cases involving child support payments, Florida Child Support Enforcement may file the motion on your behalf. In order to file this motion, you must be able to prove that the child support order was valid, the child support was unpaid, and that the paying parent has the ability to pay. Usually, the court will assume that the noncustodial parent can afford payments unless they can prove otherwise.

What Are the Consequences for Failing to Follow a Court Order?

Once the motion for civil contempt is filed, the court will hear the issue. If the judge decides to take action, he or she may find the delinquent party in contempt of court. The court may fine the delinquent party, intercept tax incomes, withhold income payments, place liens on vehicles or personal property, or intercept workers’ compensation funds. In more serious cases, the court might even hold the offending party in jail, revoke their driver’s license, suspend their professional license, or freeze their passport.

How Long Does It Take to Enforce a Court Order in Florida?

The time it takes to enforce a court order can vary depending on the specifics of the case. Generally, once a motion for contempt is filed, the timeframe can range from a few weeks to several months before the court addresses the issue. A family law attorney can provide a more accurate timeline based on your situation.

What Can a Family Law Attorney Do to Enforce Visitation Arrangements?

A family law attorney can file a motion to enforce visitation arrangements if the custodial parent is denying access to the child. Attorneys can also negotiate with the non-compliant party to resolve the dispute amicably and ensure that the visitation schedule is upheld. If necessary, an attorney can also request modifications to the visitation schedule to better accommodate both parties’ needs.

What Should I Do If I Can't Comply With a Court Order Due to Financial Difficulties?

If you are unable to comply with a court order because of financial difficulties, it's crucial to act promptly. You should reach out to a family law attorney to discuss your situation and possibly file a petition to modify the order. Ignoring the order is not advisable, as it can lead to penalties. The court may offer relief if you can demonstrate a genuine change in your financial situation.

What Happens if Someone Continually Violates a Court Order?

If a person continually violates a court order, the court may take increasingly severe steps to ensure compliance. Repeat offenders may face cumulative fines, enhanced enforcement actions, and possibly jail time. Each instance of noncompliance compounds the seriousness of the situation, making it crucial to address violations swiftly.

Are There Alternative Dispute Resolution Options Instead of Court for Enforcement Issues?

Yes, there are alternative dispute resolution options such as mediation, which can be effective in resolving enforcement issues without returning to court. These methods involve a neutral third party helping both parties reach an agreement. This can be faster, less adversarial, and more cost-effective than traditional court proceedings.

Let Our Firm Help

If your ex-spouse or co-parent refuses to abide by court orders, our firm wants to help you fight for what you are entitled to by law. We understand how traumatizing it can be to have your child custody or visitation orders ignored, and we know the frustration that comes with missed support payments. If your court orders are being ignored, we can help you file a motion with the court to hold the noncompliant party responsible.

To learn more about enforcing court orders, contact Owenby Law, P.A. at (904) 770-3141 for legal assistance.