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What Is the Difference Between Enforcement and Contempt of Court in Orlando, Florida Area?

Enforcement is the instrument used to obtain the opposing party’s compliance with equitable distribution. Equitable distribution is the division of the assets and debts in a dissolution of marriage. It is an instrument to get to the other party to comply with the final judgment of dissolution of marriage.

Examples would be: to get a former spouse to refinance the mortgage on the house as ordered in the final judgment, to get a spouse to give you half of his/ her pension that he/ she was ordered to give to you in the final judgment. This could also be used to get a former spouse to sign a quit claim deed as ordered in the final judgment.

If you are trying to force the opposing party to divide the assets and debts in accordance with the final judgment, you would file a motion to enforce the final judgment.

Contempt of Court is used to force the opposing party to pay their support obligations such as child support, alimony and attorney’s fees related to support.

If the opposing party was ordered to covered the children’s health insurance and stopped doing that, contempt is a remedy you could pursue.

If the opposing party was to pay for daycare and stopped doing that, contempt is a remedy for that.

If your spouse refuses to pay alimony and/or child support then you file a motion for civil contempt of court. With civil contempt, the court has the authority to place the nonpaying father, mother, former husband, or former wife in jail as long as there is a purge amount which is a monetary amount that they can pay to get out of jail.

If you have more questions regarding a Marital and Family Law 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 it does not form an attorney-client privilege.