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What Can You Do if Your Spouse...


What Can You Do if Your Spouse is Not Following the Parenting Plan and Divorce Decree in Orlando, Florida?

You have gotten a divorce in Orlando, FL. The court has finalized your dissolution of marriage; and the court entered a final judgment. However, your spouse is not following the final judgment. What can you do? Can you force your former spouse to follow what the court ordered him to do?

There are actions you can take if your spouse is not following the parenting plan and divorce decree in Orlando, Florida. There are remedies available to you. If your spouse is not following the parenting plan, not paying child support, or not paying alimony, you can file a motion for contempt and enforcement. 

Contempt against the mother, father, former husband, or former wife maybe filed when the other party fails to follow the court’s order regarding support, including alimony and child support. A Motion for Contempt would also be appropriate, if the other party is not following the parenting plan, time sharing, custody, and visitations orders. Contempt is also a remedy when the other party fails to pay uncovered medical expenses and extra-curricular activities. You may also request attorney’s fees because the behavior of the other party necessitated you having to file the motion for contempt.

If the other party is not following the court order regarding equitable distribution, then you can file a motion for enforcement, but not a motion for contempt. Contempt is only appropriate to enforce payment of alimony, child support, and support issues; along with enforcing visitation, custody, and parenting plan rights.

A Motion for Enforcement is the appropriate remedy in enforcement of equitable distribution.  Examples of where a motion for enforcement would be appropriate are:  your spouse refuses to sell the house as ordered by the court; the court told the other party to pay certain debts as part of equitable distribution; and the other spouse refuses to transfer title to an asset, or give you certain property as ordered by the court in final judgment of dissolution of marriage regarding equitable distribution.

What is the difference? Why does it matter? There is an important difference. The court has more power and force to direct and control the other party under the contempt power than under the enforcement power. For example, if the other party fails to pay child support, yet has the money to pay, the court can put that party into jail until they pay a purge amount, the actual amount of monies that party has that could be paid for the child support.

If you have more questions regarding a Marital and Family Law or Orlando, FL divorce matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney client.

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