Oviedo Enforcement/Contempt Family Attorney
In a perfect world, once the judge enters modification or other final orders, that would be the end of the matter. People would always do what they are supposed to do. But we do not live in a perfect world. Many people ignore court orders, to one degree or another, if they think they can get away with it or if they are not afraid of the consequences. If this situation is a problem, an Oviedo enforcement and contempt attorney steps in and protects your hard-won legal and financial rights.
At the Troum Law Firm, we understand that every enforcement and contempt situation is different. In many situations, it’s best to take a very strong stance right from the beginning. In other cases, such a posture might be like throwing gasoline onto a fire. So, before we do anything, our Oviedo enforcement/contempt family attorneys carefully evaluate your situation and recommend the most appropriate course of action. Once we decide on a path together, we never stop advocating for you.
Child Support Enforcement
These enforcement actions are quite common in Seminole County. Less than half of child support obligees receive full payment amounts. Additionally, a significant number of obligees receive little or nothing. Obligees need this money to provide better lives for the children. When the checks do not come in as they should, the children are the ones who suffer.
As mentioned, there are a variety of responses available. Depending on the facts of the case, a particular effort might be very effective or a complete waste of time. So, almost all of them merit some attention. The most popular responses include:
- Demand Letter: In many cases, a simple letter from an Oviedo family law attorney produces the desired results. A letter sets out the consequences of continued disobedience and strongly encourages child support obligors to make things right.
- Property or Credit Lien: By itself, a lien is almost meaningless. There are no immediate consequences, so there is usually no immediate adverse reaction. But it is only a matter of time before the obligor wants to borrow money or sell the property. At that point, the obligor must resolve the lien.
- Wage Garnishment: Normally, such action requires a separate court order. But most modifications and original determinations contain language authorizing the obligee to garnish the obligor’s wages. So, these actions usually involve filing paperwork, and that’s about it.
- Incarceration: No one wants to see obligors go to jail. That outcome might be emotionally satisfying in a few cases, but it is financially counterproductive in almost all cases. However, if everything else has failed, incarceration might be a good option. Many people suddenly find ways to come up with money if their liberty is at stake.
Technically, the Attorney General has jurisdiction over child support matters. But state action is often very slow, and a private attorney has the same collection tools available. Perhaps more importantly, the Attorney General represents the state. An Oviedo family law attorney represents you.
Contempt of Court
These actions usually refer to custody or visitation breakdowns. Occasional missed exchanges or inappropriate comments might not justify such action. But if there is a pattern of misconduct, that pattern will probably continue unless someone stops it.
Typical contempt orders include makeup visitation and other such modifications, as well as additional injunctive relief.
In extreme cases, an Oviedo family law attorney can file a writ of habeas corpus. This writ commands the parent to immediately produce the child in court so a custody/visitation determination can be made on the spot.
Count on an Experienced Oviedo Enforcement/Contempt Family Lawyer
If things go off the rails, enforcement or contempt options are available. For a free consultation with an experienced family law attorney in Oviedo, contact The Troum Law Firm, P.A. Convenient payment plans are available.