Florida Info

Florida Divorce Start Your Divorce Find Professionals Florida Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Florida Products Divorce by County

Florida Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Financial Planning Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Florida Divorce Support Florida Divorce Online

Enforcement of a Support Order

Whether achieved by a judge's ruling or an agreement at the end of the case a Final Judgment of Dissolution of Marriage will be entered by the judge. That paper will govern the rights and obligations of the parties. If minor children are involved it must contain provisions regarding child support. If the court's order is not followed then a motion for contempt can be filed seeking enforcement. This typically occurs if monthly child support that is due is not paid. If alimony was ordered and not paid the procedure is the same. Both of these types of orders are considered to be "in the nature of support." That is significant because the tools available to the court are quite different when enforcing support orders. In general civil law if someone does not pay money that is owed then they can be sued and a judgment for the amount owed is entered. Then the owner of the judgment will try to collect by seizing assets or garnishing wages. However debtor's prison has long been abolished and you cannot be put in jail for not paying your credit card. Not so with a support order. In addition to all the things a court can do to enforce a debt, a divorce court can impose incarceration for not paying a support order.

The law begins with a presumption that there is an ability to pay because the last court order found that ability. The burden is on the party that has been ordered to pay to present proof that he or she is no longer has the ability to pay. Even if jail is avoided the obligation still exists. Unpaid support bears interest until paid and is not dischargeable in bankruptcy. There are other tools for enforcement. For example is an income tax refund is due it can be re-directed to pay the support owed. In extreme examples the driver's license of the non-paying party may be suspended. If repeated appearances are made before the judge for unpaid support then the judge starts to remember you in an unfavorable light. If there are legitimate reasons for the non-payment such as health problems or loss of employment that may be grounds for modification of child support, or modification of alimony. It is in your interest to retain an expert in family law to prosecute or defend an action to enforce a support order.


Was this helpful? Like our site & let us know.

Related Articles


Start Florida Divorce Start Your Florida Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Florida Divorce Find Florida Divorce Professionals in Your Area:
Join the Network
Florida Divorce Products, Services and Solutions Florida Divorce Products, Services and Solutions
Florida Divorce Resources to Help You Through the Process.
Online Parenting Class Florida Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Florida Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
A spouse who does not make timely support payments can have his or her wages garnished through the Florida Child Support Enforcement Department. The court orders that alimony be automatically taken from the paying spouse's paycheck. The court can also order that the paying spouse give the alimony payments to the Support Enforcement Department, which will give the money to the receiving spouse. The department acts as a third party which manages the collection and distribution of support payments on a statewide basis. If the paying spouse of child support or alimony fails to make timely and sufficient payments, the court can suspend the paying spouse's driver's license.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a Florida Divorce

 

Settle Your Divorce Negotiate Your Florida Divorce

 

Support Forum Florida Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - Divorce Research Manuals (detailed discussion and analysis with references to cases, articles, and other resources)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"