When two people divorce, the court has the power to order one party to make monetary payments to the other after the proceedings conclude. This is known as alimony, and it can be one of the most contentious parts of divorcing a spouse. While compliance with these orders is mandatory, not everyone fully pays what they owe.
The good news is that there are different Florida alimony enforcement options available. However, securing these payments is not always easy. Having the support of a skilled alimony attorney is crucial if you need to enforce an order and the other party is resisting.
When is Enforcement Necessary?
The recipient of alimony has the right to seek enforcement as soon as any court-ordered obligation is not met. You do not need to wait for a specific amount to go unpaid or for a set period of time to pass. As soon as one party breaks the terms of the divorce decree, the other can seek enforcement through the courts.
It is worth noting that there are times when the judge has leeway in how they address these breaches. If there is evidence that the paying spouse is not willfully avoiding payments and is simply unable to make them, they have the power to amend the terms of the order. Because of this, it is crucial to rely on an attorney in Florida for any alimony enforcement issues.
Another thing to consider is that a judge will only intervene when payments have been ordered by the court. It is not uncommon for two individuals to reach an agreement involving spousal support. Violations of these agreements might make a breach of contract claim, but they are not an issue for a family law judge to decide.
Alimony Enforcement Options
When the court determines that a party has failed to make alimony payments, Florida law provides enforcement options that could directly secure those funds.
Wage Garnishment
One of the most common ways to enforce these orders is to garnish the non-paying spouse’s wages. Under the law, their employer could be required to withhold a portion of their wages in order to satisfy this obligation. It may also be possible to secure an attachment to other funds besides wages.
Writs of Execution
In addition to cash, other property can be used to satisfy these court-ordered obligations. A writ of execution is issued by a judge, and it orders the Sheriff to seize and sell property owned by the non-paying party. The property that can be seized varies dramatically, and might include land, motor vehicles, jewelry, or livestock.
Contempt
Any time a person fails to comply with an order of the court, they are in contempt. This extends to the failure to pay alimony. If a judge decides that the non-paying spouse had the ability to meet this obligation and chose not to, they can hold them in contempt. This outcome could result in fines and even incarceration.
Learn More About Alimony Enforcement in Florida by Calling a Lawyer Today
If your former spouse is not meeting their duty to pay monthly financial support, there are ways to hold them accountable. With The Florida Probate & Family Law Firm by your side, you can pursue all available Florida alimony enforcement options. Call right away to discuss enforcement during a free case evaluation.