What if the other parent violates our agreement?
In Florida, if one party violates the terms of a court order or agreement, the other party can seek enforcement through a legal process called "contempt." Here are the general steps involved in the contempt and enforcement process in Florida:
Identify the violation: Review the court order or agreement to determine if the other party has violated any specific provisions.
Communicate with the other party: You should first try to communicate with the other party and attempt to resolve the issue informally. Document all communications in case you need to provide evidence of your attempts to resolve the issue.
File a motion for contempt: If the other party continues to violate the court order or agreement, you may need to file a motion for contempt with the court that issued the order. The motion should outline the specific provisions of the order that are being violated and the relief you are seeking.
Serve the other party: You must serve the other party with a copy of the motion for contempt and notice of the hearing date. Service must be made in accordance with Florida law, which may require personal service by a sheriff or process server.
Attend a hearing: The court will schedule a hearing to consider the motion for contempt. You and the other party will have the opportunity to present evidence and arguments regarding the alleged violation of the court order or agreement.
Receive a decision: The judge will consider all of the evidence presented and make a decision about whether there has been a violation of the court order or agreement. If the judge finds that the other party is in violation of the court order or agreement, they may order them to comply with the order and may impose penalties for noncompliance, such as fines, community service, or even jail time.
It's important to note that the contempt and enforcement process can be complex, and the specific requirements may vary depending on your situation. It's best to consult with an experienced family law attorney who can provide you with guidance and help ensure that you are complying with all legal requirements. Additionally, it's important to document any violations of the court order or agreement and keep detailed records to support your case.
If you are in need of a Divorce or Family Law Attorney, call the Law Office of Carol Lee Peake at (386) 868-4039 for a consultation.
DIVORCE AND FAMILY LAW ATTORNEY SERVING CLIENTS IN:
Daytona Beach, Port Orange, Ormond Beach, New Smyrna Beach, Deland, Deltona, Palm Coast, Flagler Beach, Volusia County, Flagler County and all surrounding areas.
