Divorce & Family Attorney's in Jacksonville

Awarded Martindale - Hubbell "AV" (Highest) Attorney Rating

Phone

904-737-1771

How to protect yourself when a spouse is not in compliance

Divorce Law The Law Firm of TREECE & TREECE is prepared to protect your legal rights as an advocate for your family by implementing all of the necessary safeguards and procedures to insure compliance with the Court’s Order in your case or, in the alternative, provide guidance and legal strategy to negotiate the necessary revisions of the Court’s Orders when prudent. We have worked within the Florida Court System for 40 years to respond efficiently and expertly when our client’s Final Judgment or any Court Order is jeopardized by the non-compliant party, as well as advise on the legal basis to bring about important modifications when our client considers the Court Order is no longer meeting the needs of the parties.

The terms and agreements reached by the parties in regard to the divorce proceedings are enforceable under Florida law whether it be temporary or final in nature. When you are in need of enforcing the terms of your divorce, whether it be child custody issues, alimony and support issues, property division issues, or in need of implementing a change or Modification to the Child Custody, Alimony and Child Support, or other aspects of your Final Judgment, please contact us as soon as possible to prevent further unnecessary injury to your family at the Law Firm of TREECE & TREECE at 904-737-1771 or by email at TreeceLaw@bellsouth.net to schedule a consultation.

QUESTIONS REGARDING ENFORCEMENT OF COURT ORDERS: CHILD SUPPORT

  • My spouse is not paying the Court-ordered Child Support payments, what rights do I have to protect my family?

  • What are the various ways Child Support payments can be made?

  • What are the benefits of the paying parent utilizing electronic transfer, check, or money order directly to the non-paying parent?

  • What are the advantages of the Income Deduction Order?

  • What are the ways the Courts can collect payments from the non-paying spouse?

  • When is it appropriate to implement Wage Garnishment for a payor spouse?

  • What authority does the Florida Department of Revenue have in regard to collecting past-due child support?

  • When and under what circumstances would the Courts enforce a Child Support Order by the following:

          • Income tax refund interception;
          • Unemployment benefit deductions;
          • Workers’ Compensation Deductions;
  • If your spouse is in violation of the Court’s order, when is it important to contact a lawyer in regard to Contempt Proceedings?

FAQ: How does the complying party enforce the terms of the Final Judgment in a Divorce Action?

 Once a Final Judgment in a Divorce Action has been reached either by mediation agreement or by litigation before the Court and a Final Judgment has been entered.

left adjust.has been entered, the specific terms and conditions set forth in the Divorce Decree are enforceable by law. The party who is not in compliance with the specific terms contained in the Final judgment is subject to legal action brought forward by the complying party. There are many ways we, at TREECE & TREECE, can provide experienced insight into both the Enforcement and Contempt Proceedings to protect your legal rights as well as the legal requirements for Modification of a Final Judgment. When you need to protect your legal rights, whether you are in need of a Contempt Proceeding or the party in need of a Modification Proceeding, depending upon your particular circumstances, please contact our office at 904-737-1771 or email us at TreeceLaw @bellsouth.net to schedule the earliest available consultation in order to protect your interests.

 In the event the terms of the Final Judgment have been breached, the complying party can file a Motion to Enforce or a Motion for Contempt alleging the failure of the non-complying party to follow the strict guidelines set forth in the Court’s order. A party can be found to be in contempt for failure to comply and depending on the nature of the transgression, be required to pay a specific amount of money if one has failed to pay spousal support or child support, or return the child if one has retained the child against the Court’s order, or even be taken into custody if the Court determines the party is in breach of the Order and is held in contempt.

QUESTIONS REGARDING ENFORCEMENT OF COURT ORDERS: CHILD CUSTODY

  • When parent responsibility and visitation has been determined by the Parenting Plan and incorporated into the final judgment and one parent fails to comply with the terms of the Parenting Plan, what rights does the other parent have to enforce the Court’s order?

 Parent: My spouse frequently does not pick up our child for the visitation on his/her weekend because the significant other is there. Our child is devastated; what should I do?

Parent: My spouse always has his or her significant other when our child visits, its really bothers our child. Is there anything I can do to change this behavior?

  • How does the complying party protect against the non-complying party, who, for example, does not return the child according to the timeshare schedule set forth in the Parenting Plan?

 Parent: My spouse is almost always two hours late returning our child on school nights. It is really affecting his grades. I have spoken repeatedly to my spouse, but nothing has changed. What can I do to stop this?

  • How do you as a parent protect your child when the other parent attempts “visitation” at undesignated times in violation of the predetermined schedule?

Parent: My spouse just shows up at my house to “visit” with our son and daughter when it is not his/her allotted time. It disturbs what I have planned for that day. Do I have to allow this?

Parent: My spouse continually wants to change the schedule at the last minute after all of our plans have been made. How do I stop this?

  • What should the Parent with Minority TimeShare, formerly known as the non-custodial parent, do when the Parent with Majority TimeShare, formerly known as the custodial parent, does not abide by the Court Order and require or the child to “visit” according to the agreement? Under what circumstance does the Parent request a Modification?

  • What are the legal requirements to ask the Court for a Modification in the Custody Order?

QUESTIONS REGARDING DIVORCE MODIFICATION

  • What portions of a Final Judgment of Divorce are allowed to be changed or Modified under the Florida Statutes?

  • What is the legal criteria for a party to seek a change or Modification in Child Support ?

  • What is the legal criteria to change or Modify the amount of Alimony or Support awarded by the Court?

  • When the Final Judgment is no longer meeting the needs of either party to the Divorce, what is the procedure to pursue a Modification Proceeding?

  • What is the legal criteria to change or Modify Child Custody?

FAQ: What is the basic legal criteria required to bring a Motion to Modify a Final Judgment of Divorce regarding Child Support?

 Pursuant to Florida Statute 61.14, a party seeking to Modify the terms of Child Support set forth in the Final Judgment must prove a “substantial change in circumstances” which would warrant an increase or decrease in support. The “change in circumstance” must have occurred after the entering of the Final Judgment of Divorce to the extent that it has changed the ability of the payor spouse to pay the amount ordered by the Court. Some of the factors the Court may consider to prove a sufficient change of circumstance are a substantial increase or decrease in the costs of health care and insurance, a substantial change in costs of day-care or education, or a substantial change in the ability of the payor spouse to perform under the terms of the Divorce Decree.

When your circumstances have changed substantially after the entering of the Final Judgment of Divorce and you are in need of an increase or decrease in support based on either a change in your need for support or your ability to make the support payments, or the facts and circumstances have changed in regard to a custody determination to the extent that it is no longer in the “best interest” of the child, contact the Law Firm of TREECE & TREECE at 904-737-1771 to schedule a consultation to help you determine and resolve your legal issues.

FAQ: What is the basic legal criteria required to bring a Motion for Modification of Child Custody?

Parent, you may be eligible to petition the Courts for a Modification in Child Custody when there has been a substantial change in circumstances since the entry of the Custody Order which may include the following:

        • Parental failure to abide by the rules and regulations set forth in the Parenting Plan in regard to the health, welfare, and maintenance of the child;

        • Failure to abide by the time-sharing schedule;

        • Parental behavior that detrimentally impacts the safety and welfare of the child;

        • Substantial deterioration in the physical or mental health of the parent making it impossible to perform parental responsibilities;

        • Substantial change in circumstances where it is no longer in the “best interest” of the child to remain in the current situation.

When the facts and circumstances have changed in a Custody Determination where you as the Parent are deeply concerned about the health, welfare, and maintenance of your child to the extent that you question whether the Court’s Order is in the “best interest” of your child; please contact us at the Law Firm of TREECE & TREECE to schedule a consultation where we can evaluate and protect your rights as an advocate for your child.


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