Enforcing a Family Law Court Order in Florida

Enforcing a Family Law Court Order in Florida

Posted By R. Gregory Colvin LLC || 27-Apr-2018

Court orders are binding legal documents, meaning all parties must comply with the stipulations. Non-complying parties will be declared in contempt of court, which carries serious penalties. If your ex-spouse has failed to provide child support, has denied your visitation rights, or has otherwise failed to comply with the terms of your family law court order, you have the right to seek relief. Our firm can analyze your situation and determine your options for enforcing the initial court order.

If the other party is failing to comply with the court order, you may file a Motion for Civil Contempt/Enforcement with the court. In this form, you will be able to describe how the other party has failed to comply with the original court order. Once the motion is filed, a copy will be served to the other party, and the court will determine a hearing date.

At the hearing, you will have the burden of proof to show that the other party failed to comply with the court order. You my use witness statements, written communications, and other documentation to prove the failure of the other party to comply with the terms set forth in your court order.

If the other party lost a job or got seriously ill and was unable to comply with the court order, then he or she will not be found in contempt. However, if it is shown that the other party willfully and intentionally refused to comply with the original court order, the judge may declare him or her to be in contempt, and may order severe penalties.

Enforcement measures in Florida include:

  • Jail or prison sentences
  • Heavy coercive or compensatory fines
  • Payment of attorneys’ fees and court costs
  • Other sanctions permitted by federal and state laws

If your ex-spouse is failing to provide child support and alimony payments, is refusing to comply with visitation or custody arrangements, or is breaching a restraining order, you have the legal right to seek relief. The process can be complicated, and it is important to obtain a knowledgeable Orlando family law attorney to uphold your interests. We will help you file a motion to force compliance, and will walk you through the legal process.

Contact R. Gregory Colvin, LLC today to discuss your case in an initial consultation. We have more than 25 years of legal experience, and will diligently fight on your behalf.

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