Financial pressures can quickly accumulate if the other spouse fails to pay court-ordered support. Florida law allows you certain avenues to pursue the amount you are owed in Hillsborough County. Two common legal approaches to addressing unpaid alimony in Florida are enforcement proceedings and motions for civil contempt. Understanding how to use these options will help you reclaim control of your financial security.
What is the Difference Between a Contempt Action and an Enforcement Action in Florida?
Many people use the terms “contempt” and “enforcement” interchangeably. However, Florida family law views them as distinct tools with different legal requirements.
An enforcement action focuses strictly on collecting the money owed under a court order. The court may review the support order and payment records to determine the amount of unpaid alimony. This may be through bank accounts, liens being placed on real estate, or an income withholding order. In a simple enforcement case, the judge does not have to establish that the refusal by your ex was intentional. The main consideration is to resolve the payment violation and ease the debt burden.
A civil contempt action takes it one step further. A civil contempt motion asks the court to address a party’s failure to comply with a court order. Depending on the applicable legal requirements and the court’s findings, remedies may include coercive sanctions designed to secure compliance.
2 elements must be established to prevail in a contempt action:
Firstly, you must prove the existence of a valid support order.
Second, you must demonstrate that your ex was able to pay but deliberately didn’t.
There are direct remedies for contempt, such as civil detention or coercive fines.
When Can I File a Motion for Civil Contempt for Unpaid Alimony?
A Motion for Civil Contempt can be filed immediately if your ex-spouse is late with an alimony payment that is required by your final judgment. You don’t have to wait months or pay thousands of dollars in overdue fees before you can file a legal complaint. You must satisfy certain requirements under the law to be able to make this motion for a Florida case:
- Binding Court Order: You need a court order signed by a judge that requires the support payments to be made. Unwritten deals made before the divorce are not subject to contempt.
- Non-Payment: Your ex-spouse didn’t make the required payment on time.
- Willful Disobedience: Your former spouse had the means to make the payment but was unwilling to do so.
The initial burden of proof is on you when you make the motion. Bank records or accounting summaries must be provided to reflect the cessation of payments. Once you establish non-payment, the burden shifts to your ex-spouse. Your ex then has to prove to the court that they did not intend to withhold payment but could not, in fact, pay.
What Happens at an Order to Show Cause Hearing in Court?
Family Law cases are handled through the Thirteenth Judicial Circuit. The procedure for conducting contempt is carefully followed:
- Filing and Service: Your lawyer files the Motion for Civil Contempt. The judge issues an Order to Show Cause, with a specific court date. This order needs to be personally served on your ex by either a process server or deputy sheriff.
- The Hearing: Both sides present to the family law judge. The moving party submits evidence for the unpaid portion of the order and the amount of the arrears.
- The Defense: The paying spouse provides evidence indicating their finances. They might have bank statements, tax returns, termination letters, and other documents to explain why payments stopped.
- Ruling: The judge’s determination of whether the non-payment was willful. When willful non-payment is found, the judge issues a contempt order outlining the conditions for purging.
Can My Ex Actually Be Jailed for Not Paying Alimony?
Yes, the non-paying spouse may be jailed for unpaid alimony, but civil detention is not a criminal punishment.
Civil contempt is not punishment for the crime, but is meant to force payment. Under Florida law, a specific “purge amount” must be determined before the judge orders jail time. A purge amount is the exact amount of money the non-paying spouse must pay to avoid jail time or get out of custody as soon as possible.
The purge condition specifies what the person must do to obtain release from civil contempt or avoid incarceration. Before ordering incarceration, the court must make the findings required by law concerning the person’s present ability to satisfy that condition.
However, if your ex has no funds or assets to pay a purge sum, the judge cannot order civil imprisonment. If so, the judge will create other payment options, or may liquidate assets to pay the remaining amount.
What is an Income Deduction Order and How Does It Work?
An IDO (Income Deduction Order) is one of the most sure-fire collection tools in Florida. An IDO requests that your ex’s employer garnish their paycheck to pay support directly to you via the State Disbursement Unit.
After issuing an IDO, a court will deliver the order to the employer’s payroll department. The employer is required to withhold the specified amount from the weekly/fortnightly/monthly wages in accordance with the order.
What Other Enforcement Tools Are Available in Florida?
An income deduction order is suitable for salaried persons. However, if your ex-spouse is self-employed, freelance, or a business person, you may require further methods of enforcement. There are several options to recover unpaid funds in Florida:
- Bank Account Garnishments: You may ask the court for a writ of garnishment (which is a court order) to freeze and retrieve any funds in your ex’s individual bank accounts.
- Liens on Property: Legal liens can be put on real property, vehicles, or boats owned by your ex-spouse.
- Overdue Support Payments and Suspension of Licenses: Florida driver’s licenses, professional licenses, and recreational licenses for hunting or fishing may be suspended.
- Writs of Execution: This is a means that enables the cops to take your ex’s personal property, other than exempt property, and auction it to cover the debt.
Can My Ex Reduce Unpaid Alimony Payments Without Going Back to Court?
The short answer is, no! Alimony payments may not be reduced or stopped by the paying spouse without each spouse taking the initiative.
If your ex has an actual financial difficulty, for example, a business failure or a job loss, their legal obligation to pay the full court-ordered amount does not go away. The original court order remains in force until a family law judge issues a new order. The unpaid portion of any such amount outstanding before the judge modifies the decree is now a legal judgment and cannot be canceled retroactively.
When a paying spouse’s financial circumstances change dramatically, then he or she can petition the court for an alimony modification. The requirements for modification are based on the nature of the alimony payments, the terms of the current order, and the statutory requirements outlined in Florida law (Florida Statute § 61.14, if applicable).
- Substantial Change: A change in income or life circumstances would be serious and unexpected.
- Involuntary Nature: The drop in income must not be voluntary. Being unemployed or having taken a conscious decision to cut is not acceptable.
- Permanent Impact: The financial disruption needs to be sustained, not a short-term blip.
Overdue payments accumulate until a judge formally modifies the support order. If your ex unilaterally stops payments without court approval, you can actually take the initial action to safeguard your rights with an enforcement action. Those going through complicated modifications who think they need a court modification will generally seek advice from the alimony modification lawyer on whether a court modification is legally possible.
How Long Do I Have to Collect Unpaid Alimony in Florida?
One common question is how long a person has to collect unpaid alimony in Florida. Support payments are well protected in Florida courts.
An “operation of law” judgment occurs each time an alimony payment is missed. This means you may continue to pursue collection of unpaid monies years after your divorce judgment is entered.
But needless waiting can also present real dangers. There may be a legal defense of laches if you unreasonably delay demanding payment, and that delay is unfair to the party paying. Then there’s the possibility that financial records are destroyed, bank accounts are closed, or property is sold over time. Aggressive enforcement will preserve and keep available the necessary financial evidence.
Do I Need an Attorney to Enforce an Unpaid Alimony Order?
Florida courts permit a person to file the documents themselves without a lawyer, but enforcing an unpaid alimony order can be challenging.
Attempting to deal with these things without the best alimony modification lawyer is problematic in several ways:
- Complex Court Rules: Since the rules are complex, you can end up waiting for months to attend the hearing if you submit the wrong case motion or fail to do the necessary procedural steps correctly.
- Evidentiary Rules: Good financial records and income history demonstrating that the failure to pay was intentional are required to meet the court’s standard.
- Discovering Hidden Assets: Professional legal representation is necessary to identify undocumented business income or other hidden accounts.
- Recovering Legal Expenses: Florida statutes such as section 61.16 permit a judge to award reasonable lawyer fees and Court costs to you in a successful enforcement action against the non-paying party in a divorce case.
How Coleman Law Group Can Help
Coping with an ex who won’t comply with court orders can throw your life out of balance and jeopardize your financial security. Don’t face down complicated court proceedings without help.
The best alimony modification lawyers at Coleman Law Group specialize in enforcing against a non-paying spouse. We know how Tampa family courts work, including enforcement calendars, and how to use every method of enforcement to get your money. When your ex is violating court orders, you can try to get them held in contempt for unpaid alimony in Florida to ensure that your rights are upheld and you receive the alimony back.
We are here to give you the clear guidance you need. Contact Coleman Law Group at +1 (727-214-0400) or aheartforpeople@clgfl.com, and fight for your right to receive the support payments you deserve under the law.
