My Former Spouse Isn't Following the Terms of our Divorce Agreement
Posted By Robert Sparks || Dec 7, 2010
Unfortunately, many parties to a Florida divorce find themselves facing enforcement issues after they have reached a settlement agreement or after the court has issued a final judgment in their case. Often times, a former spouse does not comply with the terms and conditions of the parties divorce decree which raises a post-divorce issue. Non-compliance comes in many fashions and can range from a former spouse's failure to pay their child support obligation, his or her failure to pay their alimony obligations, to one former spouse failing to abide by their responsibilities regarding the equitable distribution of the marriages assets and debts.
Once a former spouse fails to comply with the terms of the divorce decree an enforcement issue is created. It is highly recommended that each party seek the advice of a Tampa family law attorney in the event of an enforcement case as there are several different remedies and sanctions available when a party has not complied with a divorce decree. Florida family law is regulated by statutory, procedural, and case law authority when dealing with certain types of enforcement issues and therefore parties should seek the advice of an attorney to gain an understanding of what a post-judgment enforcement action may entail.
It is important to understand that an obligation that is imposed by a divorce decree is binding on the parties and that neither party has the discretion to alter said obligation unless specific steps are followed. Often times one party is under the misconception that they have the unilateral ability to modify the divorce decree to later only come to the harsh reality that in fact they do not and that Florida family law provides harsh enforcement sanctions for their conduct. Therefore, in the event a former spouse is not complying with the terms of their Florida divorce, a party should seek the advice of a Tampa family law attorney to understand the remedies and sanctions available as well as the procedural steps which will be necessary to address the non-compliance.