Enforcing Alimony Obligations In Florida

An order for spousal maintenance made by a Florida court cannot be ignored by the person to whom the order has been issued. There are legal penalties and remedies available for non-compliance with an obligation ordered by the court. In this article, the Tampa, FL, family lawyers at Faulkner Law Group, PLLC, will discuss a real Florida case involving an alimony obligation that wasn’t being paid.

Background of the case 

In the aforementioned case, the couple was already divorced, and the husband was obliged to pay support to his ex-wife. Problems started when there were doubts about the husband’s compliance with the court order.

The plaintiff requested that the court enforce its earlier order concerning payments because she felt that her ex-husband had not fulfilled his obligations. In many cases where spouses have divorced, such issues arise when one party feels that the other does not fulfill the obligations set out by the court.

The lower court decided that the support order should be enforced and took action against the husband’s non-compliance with the earlier order. The case was referred to the Florida Supreme Court for further consideration.

The appeal 

In its ruling on appeal, the Florida Supreme Court focused on the larger question of how alimony and support obligations could be enforced in Florida family law cases. It stated that once an order for alimony is granted in the context of a divorce case, the order becomes binding upon the parties concerned.

It further stated that it would be impossible to ignore a legitimate court order merely because conditions make compliance difficult or inconvenient. Rather, one who wishes to avoid paying spousal support needs to go back to court to seek a modification.

Another aspect of family law enforcement addressed by the Florida Supreme Court was that of contempt. In appropriate cases where one party had the means to comply with a support order but refused, the court can invoke its contempt powers.

Overall, the appeals court affirmed that support orders can indeed be enforced in Florida.

Key takeaways 

The aforementioned case is pertinent to this day due to the fact that enforcement actions after divorce are a frequent occurrence in Florida family courts. There are a few essential things that individuals contemplating divorce or already involved in support enforcement matters might learn from the ruling.

Firstly, support obligations, which are made through a court order, should be adhered to at all times. Otherwise, there could be serious repercussions such as contempt, wage garnishment, and further court hearings.

Secondly, individuals who believe they are truly having financial difficulties should not just stop making payments but seek a modification of the agreement through legal means. Such changes can be granted by Florida courts under certain circumstances, but will not take place without legal procedures.

Talk to a Tampa, FL, Family Lawyer Today 

Faulkner Law Group, PLLC, represents the interests of Tampa residents who are going through a divorce. Call our Tampa family lawyers today to schedule an appointment, and we can begin preparing your arguments right away.

Source:

law.justia.com/cases/florida/supreme-court/1973/271-so-2d-7-0.html