St. Petersburg Enforcement of Final Judgments Lawyer
The orders outlined in a divorce decree are final and legally binding. A failure to comply with any order, whether it is for child support, parenting time, or alimony, can result in serious penalties. Still, these penalties are not always enough incentive for people to comply with court orders. If your spouse has not complied with a final court order, you can take them to court to enforce the order. A St. Petersburg enforcement of final judgments lawyer can help ensure the best possible outcome.
Common Violations of Divorce Decrees
There are many ways a person can violate a final court order, but there are some that are more common than others. Some of the most common violations of divorce decrees are as follows:
- Failure to pay designated debt liabilities
- Refusal to turn over a pet assigned to one party
- Refusing to surrender property awarded in the decree
- Failure to provide for the ordered distribution of retirement accounts
- Failing to adhere to a parenting plan
- Refusal to pay child support or alimony
- Failure to sell or vacate the family home
How to Enforce Orders Within a Divorce Decree
Although you can petition the court to enforce a divorce decree, there is a process you must follow. The steps involved include:
Carefully review your divorce decree to make sure non-compliance has actually occurred, as you will have to prove your case.
Contact a St. Petersburg enforcement of final judgments lawyer, as you will have a much better chance of a successful outcome than you would representing yourself.
Talk to your former spouse to determine if there is a way to resolve the issue without going to court.
File a contempt motion with the court if your ex-spouse is not willing to comply with the order.
Present evidence and argue your case to the judge about why your former spouse should be held in contempt.
What Happens After Proving a Violation?
If you can successfully show that a violation occurred, the judge has much discretion when determining how to enforce the order. A judge may hold your former spouse in contempt, provide a timeframe in which the individual has time to comply with the order, or modify the divorce decree. The decision will largely depend on the reason for the non-compliance. The judge may also award you attorney’s fees, which makes the other side liable for paying those costs. Unfortunately, even with these penalties, there is no guarantee that your former spouse will not violate a final order in the future.
Our Enforcement of Final Judgments Lawyers in St. Petersburg Can Help with Your Case
If your spouse is in violation of a court order, our St. Petersburg enforcement of final judgments lawyers at Greene & Greene can help with your case. Our seasoned attorneys will ensure your petition is filed correctly and guide you through the entire process to give you the best chance of a positive outcome. Call us now at (727) 821-2900 or contact us online to schedule a consultation.