Enforcement of Divorce Settlement
After you have reached a divorce settlement and agreements on issues such as child support, custody, alimony, and property division, you expect the other party to uphold his or her end of the agreement. Unfortunately, this doesn't always happen. If your former spouse was obligated to pay you child support, alimony, or other assets and they have failed to do so, they are considered in contempt of court, which can warrant enforcement.
If you need to enforce a divorce settlement, contact Givens Givens Sparks today. We'll walk you through the process so you can receive the agreed upon terms.
Family Lawyer Serving Tampa Bay
You are within your rights to let the courts know that your divorce agreement is not being followed. A qualified Tampa enforcement of settlement agreements lawyer can help you work out the best course of action to take in a situation where you are facing non-cooperation. We will investigate the situation fully in order to help build your case. We have years of experience dealing with these types of situations and we know exactly what steps to take to help you through this situation.
If your spouse fails to adhere to your settlement agreement, he or she could face serious consequences like:
- Driver's license suspension
- Jail time
- Bank account levies
- Tax return seizure
Motion for Civil Contempt or Enforcement
If your former spouse is not complying with a prior family court order such as spousal support or child support, you can file a written motion with the family court in your area and explain what he or she has failed to do. In order to file this motion with the court, you must get it notarized or sign it in front of a deputy clerk. Either will be accepted.
- Where do you file? You file your motion in the county where the original court order was enacted.
- Who do you file with? You file your motion with the clerk of the circuit court.
- Anything else I need to know? While the original copy is filed with the clerk of the circuit court, you must serve a copy to any other party in your case.
For more information, see Instructions for Florida Supreme Court Approved Family L aw Form 12.960 provided by the Florida Courts.
Contact a Family Attorney in Tampa
It is important that you speak with an attorney who is qualified in dealing with a broken settlement agreement. From the initial consultation all the way through to the resolution of your issue, we will be supporting you and giving you experienced legal advice and representation. We believe that building strong relationships with our clients is the best road to success and positive outcome in these types of situations. We understand that you are facing an upsetting situation, and we want to help you solve it as quickly as possible. We have your best interests at heart and we will always aggressively uphold your legal rights.
Contact a Tampa family attorney at Givens Givens Sparks to discuss your enforcement of settlement agreement issues.