Hire A Naples Enforcement Attorney For Help With Marital Settlement Agreements
There are many times that a former spouse fails to follow a marital settlement agreement (MSA). When the court issues a judgment (incorporating the marital settlement agreement), it becomes a court matter.
You do not have to live with your ex’s refusal to follow the stipulations of your divorce orders. Attorney Anita Johnson of The Law Office of Anita M. Johnson, PLLC, is devoted to helping clients work through the complexities of divorce with personalized representation. Her meticulous approach means she can represent your interests in court and provide evidence-based requests for the court to require your ex to abide by the terms of the MSA.
Enforcement Of Equitable Distribution
If the ex-spouse fails to follow the equitable distribution piece of the marital settlement (distribution of assets and liabilities portion of the MSA), the only recourse within the domestic relations court is to file a motion that requests enforcement of the agreement. The violating party may be responsible for legal fees spent in bringing the issue to court. However, the judge cannot hold the noncompliant party in contempt of the court order. It is against Florida public policy to imprison individuals for debts; equitable distribution is considered a debt. Unfortunately, noncompliance creates a possible long-term issue that may result in filing of a lien on property or other assets.
Enforcement Of The Parenting Plan
The time that a parent spends with their child is vital for the well-being of the child. If one parent refuses to adhere to the terms of the time-sharing schedule while the other parent is spending his or her allotted time with the child, the court can order make-up time with the child for the parent who missed his/her time-sharing. The court can also order the noncompliant party to attend a parenting class, pay the ex-spouse’s or parent’s attorney’s fees, or modify the parenting plan. Co-creating a parenting plan that is flexible, allows for substitutions, and spells out specific options for anticipated situations helps guard against needing to return to court to deal with time-sharing issues.
Enforcement Of Child Support And Alimony Orders
Child support payments, as well as alimony (spousal support) payments, can be made through Income Withholding Orders — payments that come directly out of the ex-spouse’s or parent’s paycheck. This option eliminates numerous problems should that party consider violating their alimony or support obligation. The court takes nonpayment of child support very seriously and has many powers to induce the nonpaying party to pay. The court can suspend the nonpaying party’s vehicle registration renewal, their driver’s license or other professional licenses, and even block passport renewal.
Some parties choose to deal with alimony or child support payments directly. This makes the violation more difficult to monitor. If you think that your partner may be unreliable in terms of paying support, it is wise to choose the Income Withholding Order option to receive payments.
Contact The Law Office of Anita M. Johnson, PLLC, Today
If you have questions or find that you need help enforcing the orders associated with your divorce decree, call 239-829-4742 or complete the online form. Let a compassionate and assertive divorce attorney help you resolve this issue in a timely manner so you can put this issue behind you.