WE ARE AVAILABLE to meet clients and prospective clients by telephone and video conferencing, using either Zoom or Facetime. We are also available in person, whatever works best for you! We will continue to assist you in any way we can. Please do not hesitate to call our office and let us know how we can help.

Fort Myers Family Law Attorneys
Contact Us

What rights you have if your ex violates your divorce decree

| Sep 10, 2020 | Property Division |

One of the final steps in finalizing your divorce is for a Florida family law judge to enter their final decree. Either spouse who violates this order may face contempt charges. It’s not uncommon for a husband or wife who fails to turn over property, pay alimony or child support or violates custody orders to face contempt charges. Spouses can avoid such criminal penalties by merely negotiating better settlements or seeking modifications in their divorce cases if problems arise.

If you’re having difficulty getting your ex to abide by your Florida judge’s order, then you may want to speak with your family law attorney about filing a contempt motion against them. You need to prepare yourself to show proof that your ex violated the court order.

One of the more common ways a spouse violates a divorce decree is failing to turn over property that they agreed to split up. Moms and dads who hold their children over past their agreed-to visitation time may also violate the court’s order. If a parent fails to pay the correct amount of alimony or child support in a timely fashion, then a Florida judge may also deem them to violate the court order.

A judge may give any spouse or parent who violates a court order time to come in compliance with it, or the court may send them straight to jail. Some extenuating circumstances exist in which a Fort Myers judge may decide against jail time. If an ex-spouse or parent is at risk of losing their job, has no one to care for the child other than oneself or has emotional or physical health concerns, then a judge may reconsider imposing a jail sentence. The Florida family law judge presiding over their case may instead decide to give the violating spouse additional time to comply with their order instead of incarcerating them.

Having to deal with an ex-spouse that seems not to want to honor property division agreements or visitation or custody schedules can be stressful and make planning things difficult. A spouse who fails to make regular support payments can make covering your expenses difficult. Fortunately, Florida law allows you to hold your ex accountable for violating a court order. An attorney can advise you on what steps you can take in your Fort Myers case to ensure that your ex doesn’t continue violating court orders.

Archives

  • The Florida Bar | Marital & Family Law
  • Super Lawyers
FindLaw Network