305-520-7874

Miami Alimony and Child Support Enforcement Attorneys

Respected Miami Alimony and Child Support Enforcement Lawyers

Divorce is a complicated issue, even after the court grants the divorce and awards custody, child support, or alimony. The Florida Department of Revenue manages the Child Support Program. Other government agencies may become involved in cases where a person refuses to follow the court's orders. Unfortunately, a non-compliant ex-spouse can drag out the conflict much longer while you and your children try to rebuild your lives following your divorce.

At Miami Family Law Group, PLLC, we have over 30 years of combined experience in family law, divorce, alimony, and child support enforcement in Miami. We can help you hold your former spouse in contempt of the court's support orders. Contact us today to schedule a strategy session.

Examples of Non-Compliance Following a Florida Divorce

Depending on the divorce agreement with your ex-spouse, they could be non-compliant if they fail to adhere to certain support orders, including:

  • Failing to pay alimony or falling behind on alimony payments
  • Failing to pay child support or falling behind on child support payments
  • Failing to maintain the time-sharing agreement with the custodial parent
  • Failing to transfer property titles as ordered by the court

Enforcement of Alimony Support Orders in Florida

While alimony (also called maintenance or spousal support) is not a means of punishment for a marriage ending, many higher-earning ex-spouses may see it that way. What spousal support really does is help the lower-earning party to adjust so they can live independently at the same standard of living to which they became accustomed during the marriage.

If you and your former spouse agreed to alimony, and the court approved specific support orders, you can pursue alimony that is in arrears (behind on payments owed) with the help of a knowledgeable and experienced alimony enforcement attorney. At Miami Family Law Group, PLLC, we can help you pursue missed alimony payments in arrears from your former spouse by filing charges of contempt.

Enforcement of Child Support Services in Florida

The Child Support Act of 1984 allows parents to collect child support with help from state attorneys. Your state attorney may pursue alternate methods of payment from a non-compliant child support payor, including garnishing wages, appropriating federal tax refunds, seizing assets or property, suspending occupational or business licenses, or revoking a driver's license.

A state attorney may go as far as threatening jail time for contempt of court by non-payment, although the court recognizes that a delinquent payor will not have the opportunity to earn an income in jail, and imprisonment could cause them to fall further into arrears.

If a parent in arrears moves to another state, an experienced child support enforcement attorney can help you pursue continued payments through the Uniform Interstate Family Support Act (UIFSA).

Parents who experience situational changes that affect their ability to pay child support, such as losing a job or experiencing a sudden medical emergency, should file with the court immediately for a reduction or stay of child support. Petitioning the court for an alteration of your child support agreement will not affect any past-due balance.

Legal Child Custody and Child Support in Florida

If you already pay child support and win joint legal custody of your child, it will not affect your child support agreement. Legal custody is a separate issue that affects your ability to share in the decision-making process for things like medical care, religious upbringing, education, and extracurricular activities for your child.

The basis for child support depends on the financial contributions of each parent, the income of each parent, and the time spent with the child by each parent. The court may consider alterations to your child support agreement with your former spouse if both parents agree to alterations in physical custody and time sharing agreements.

What if My Ex Keeps Me From Seeing My Children?

If you pay child support, but your ex keeps you from seeing your children according to your time-sharing agreement, you must still pay your child support obligations. Child support is a separate legal issue from physical custody or time-sharing.

The appropriate course of action is to have your enforcement attorney petition the court to enforce your rights for visitation with your children while you maintain your child support payments.

Contempt / Enforcement FAQs

Q

What Is Contempt of Court in the Context of Divorce?

Answer: Contempt of court refers to actions that show disrespect for or defy the authority of the court. In divorce cases, contempt usually involves a party's failure to comply with court orders related to alimony, child support, visitation, or other obligations established during a divorce. When a party does not follow the court's orders, this can disrupt the intended resolution to a case, and these actions can lead to legal repercussions.

Q

How Can I Demonstrate Non-Compliance With Alimony or Child Support Orders?

Answer: If you are not receiving court-ordered alimony or child support payments, you will want to make sure your ex-spouse's refusal to pay support as ordered is fully documented. It is vital to keep detailed documentation of any missed payments, as well as any communication related to the issue. Documentation could include payment records such as bank statements showing when the required payments were or were not made, as well as text messages or emails in which you communicated with your ex about their obligations. After you have gathered the proper information, an attorney can help you file a motion for contempt if necessary. If filed, this motion will formally ask the court to take action against your ex, detailing their failure to meet their obligations and seeking enforcement of the order.

Q

What Actions Can the Court Take if Someone Is Found in Contempt?

Answer: When a court finds a party in contempt, it has various options for enforcement. One common action is to establish wage garnishment orders or use other methods to collect overdue alimony or child support along with interest on late payments. The court may also modify existing orders to prevent future non-compliance. In some cases, a judge may decide to impose monetary fines as a penalty for contempt. In situations involving willful refusal to follow the court's orders, the court can impose jail time until a person complies with their obligations.

Q

What if Non-Compliance Was Due to Unforeseen Circumstances?

Answer: In instances where non-compliance occurs because of unexpected circumstances, like the loss of a job loss or a medical emergency, the court may decide to be more lenient. For example, if a person is struggling to meet their financial obligations, they may communicate openly with the other party to let them know about the situation, and they may request a modification of the court order via the proper legal channels. However, if a person has ignored their obligations and made no attempt to request a modification based on changes in their circumstances, they could face contempt charges. Proactive measures are essential to ensure that these issues are addressed appropriately.

Q

Can a Person Be Held in Contempt for Non-Compliance With Visitation or Child Custody Orders?

Answer: Yes, contempt may be a factor in cases involving alleged violations of visitation and custody agreements. If one parent consistently prevents the other parent from exercising their court-ordered visitation rights, the affected parent may file a motion for contempt and ask the court to enforce its orders. The court can then take action to address these violations. Depending on the circumstances of a case, modifications of child custody arrangements may be appropriate. The court may require a parent to post a bond to ensure that they will provide the other parent with access to the children when required, a parent may be limited to supervised visitation, or arrangements may be made to exchange children through third parties.

Q

What Is the Process for Filing a Motion for Contempt in Miami, Florida?

Answer: Your family law attorney will prepare a motion outlining the details of a person's non-compliance, identifying the specific court orders that have been violated. This motion must then be filed in the appropriate court, which may be either the court where the original divorce order was issued or the county court where either party lives. The motion must be served to the other party to provide them with notice of the claims, and they may file a response to the motion. A hearing will be scheduled where both parties can present their cases to the judge, allowing the court to make an informed decision about whether a person may be held in contempt and whether any modifications to existing orders will be appropriate.

Contact Our Miami, Florida Post-Divorce Enforcement Lawyers

If your ex-spouse has not met their legal obligations following your divorce, Miami Family Law Group, PLLC can help you determine the best ways to address this situation. We can work with you to make sure your ex shares child custody correctly or pays support as required. To learn more about how we can help you address these issues, contact us at 305-520-7874 and set up an appointment with our attorneys.

badge badge badge badge badge badge badge

Contact Miami Family Law Group, PLLC

Our attorneys are ready to help address your legal needs. Schedule an appointment by calling 305-520-7874 or contacting us online.

Back to Top