Strategies for Enforcing Alimony Orders in Florida
Alimony is a crucial aspect of divorce settlements. Alimony aims to ensure financial stability for the spouse, who may be economically disadvantaged after the divorce. When determining whether to award alimony, courts usually consider whether one spouse needs alimony and whether the other spouse has the ability to make alimony payments. Once the court determines that one spouse needs alimony and the other has the ability to pay, an alimony order is issued. However, obtaining an alimony order is just the start. Ensuring an order is enforced can sometimes be challenging. Unfortunately, some payers fail to meet their obligations despite clear legal mandates. When an ex-spouse fails to make alimony payments, the receiving spouse must employ strategies to enforce the alimony order. Below, we discuss some strategies for enforcing alimony orders in Florida.
- Understand the Alimony Order
The first step to take when it comes to enforcing an alimony order is to understand the court order. Take time to understand the terms of the alimony order. An alimony order outlines the payment amount, the frequency of the payments, the payment method, and the duration of the payments. Understanding the alimony order can help you recognize if a violation has occurred.
- Document Non-Compliance
Enforcing an alimony order requires evidence of non-compliance. Therefore, ensure you keep a detailed record of any deviations from the order. Maintain detailed records of incomplete, late, or missed payments. Also, keep records of any correspondence between you and your ex-spouse, such as text messages, emails, or letters.
- Communicate With Your Ex-Spouse
Another step to take if your ex-spouse violates the alimony order is to have a conversation with them. Sometimes, direct communication can resolve issues. Approach your ex-spouse calmly and ask about the non-compliance. Sometimes, non-compliance with an alimony order may arise due to financial difficulties or misunderstandings. Having an open conversation with your ex-spouse is vital to discuss the issue and explore possible solutions.
If it is difficult for you and your ex-spouse to have a productive conversation, you can consider involving a mediator. A mediator can facilitate communication between you and your ex-spouse.
- Seek the Help of an Attorney
If informal negotiations don’t yield any fruits, seeking the help of an attorney becomes crucial. It is advisable to seek the help of an attorney with experience handling alimony enforcement cases. An attorney who understands alimony laws can provide tailored advice. They can guide you through the process of enforcing an alimony order.
- Petition the Court for Enforcement
When you cannot enforce an alimony order through open communication, you may need to file a petition with the court requesting enforcement. An attorney can help you petition the court to enforce your alimony order. An attorney can help you prepare the necessary paperwork and supporting evidence. They can ensure you meet all court procedures and deadlines during this legal process.
After filing your petition, the court will review your case and schedule a hearing. You and your ex-spouse will have a chance to present your cases and evidence. If the court determines non-compliance with the alimony order, it may take several actions to enforce it. For instance, your spouse may be held in contempt of court, which can result in fines or other penalties. Also, the court may order wage garnishment, seizure of assets, impose fines, or intercept tax refunds.
Contact Our Lakeland, FL, Family Law Attorney
For legal help, contact our experienced Lakeland family law attorney at Darla K. Snead. P.L.
