ALIMONY/SPOUSAL SUPPORT ENFORCEMENT

Faulkner Legal Group, P.A., an Orlando divorce law firm, handles a variety of divorce related issues in the Orlando, Central Florida and surrounding areas as well as the State of Florida as a whole.  As an Orlando divorce lawyer, attorney David A. Faulkner represents clients with regard to enforcement of Florida alimony and spousal support awards.

Florida divorce alimony/spousal support orders are enforceable just as any other non-criminal order.  The following are some of the remedies available for the aggrieved former spouse to secure payment of alimony/spousal support arrears (meaning unpaid support:

Money judgment from the court

Execution and sale of the payor's property

Garnishment of the payor's property

Contempt proceedings

Sequestration of the payor's assets

Uniform enforcement laws

MONEY JUDGMENTS FROM THE COURT

If there is unpaid alimony (arrears), the alimony recipient may get a judgment against the payor spouse in the amount of any past due alimony (arrearage). Once there is a judgment, the alimony recipient may pursue collection activities to get the payor spouse to pay the amount of the judgment.

EXECUTION AND SALE OF THE ALIMONY PAYOR'S PROPERTY

''Execution'' is a means of enforcing court judgments and orders. The recipient spouse asks the court for a ''writ of execution'' directing the local sheriff to take and sell specified property of the alimony payor. That property is then sold by the sheriff (''sheriff's sale''), and the money from the sale is given to the alimony recipient to pay towards the alimony arrearage.

WAGE GARNISHMENT

Spousal support payments can be taken directly from the earnings of the alimony payor via ''wage garnishment orders'' and ''income deduction orders.''

It is important to note, however, that federal and state laws might restrict the amount or percentage of the payor spouse's wages that can be garnished, and some funds are not subject to being garnished at all.

CONTEMPT PROCEEDINGS

''Contempt'' is the violation of a valid order of a court. If an alimony payor refuses to comply with court-ordered alimony, then that payor spouse may be held in indirect contempt of court (meaning the act of disobedience did not occur in the presence of the court.

Contempt can be either criminal or civil.  The purpose of criminal contempt is to punish the disobedience.  The purpose of civil contempt is to gain compliance with the court's order.  Civil contempt, therefore, is intended to be coercive, not punitive in nature. 

Because each failure to comply with a court order can be a separate contempt, when it comes to alimony, the payor spouse can be charged with a separate contempt for each payment missed and can be punished for each offense.  The possible penalties for criminal contempt include a incarceration (jail), a fine, or both.  A payor spouse charged with criminal contempt is afforded the same rights and due process as individuals charged with other criminal offenses.

Civil contempt may also involve incarceration.  Such incarceration is always accompanied by what is commonly known as a "purge amount," which is an amount the payor spouse must pay towards alimony arrears to secure his or her freedom.  Whether criminal or civil contempt is involved, the payor spouse must have had or must have the ability to pay the alimony arrears in whole or inpart.

SEQUESTRATION

After the recipient spouse gets a money judgment for the amount of past due alimony, he or she files an application for sequestration, where the court will order that certain of the debtor spouse's property be held until the debtor pays the debt. Unlike Sequestration can be requested after the payor spouse is in arrears and has refused to comply with a court order to pay the debt.

UNIFORM ENFORCEMENT LAWS

If one spouse moves out of state, the Revised Uniform Reciprocal Enforcement of Support Act (''RURESA'') and the Uniform Interstate Family Support Act (''UIFSA'') both may allow the new state to enforce an existing order for spousal support.

WHERE TO GET LEGAL HELP?

If you have a Florida divorce related issue concerning enforcement of an alimony/spousal support award, then contact Faulkner Legal Group, P.A. so that Orlando Divorce lawyer David A. Faulkner can inform you of your legal rights.  Call today.