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Post-Judgement

Congratulations! You have a judgment or a court order. The court order may be a Final Judgment of Dissolution, alimony payment, child support payment or any other type of order, whether it be temporary or final. This means you "won" your case. This means the “losing” party can no longer contest that they owe you the money. It also means that you can get the "aide of the court" in enforcing the judgment. After a court delivers a final judgment regarding an issue, the court has the ability to enforce its ruling if one of the parties violate the order or judgment. Court judgments are not self-enforcing. Solvent or honest debtors will want to pay soon after judgment is entered. If the judgment debtor does not voluntarily pay the judgment, however, it is up to the judgment creditor to enforce. A judgment and a court order are not self-enforcing. A judge may enforce a judgment or court order via contempt. Contempt arises when a party willfully fails to comply with the terms of a court order. A Court hearing is required to find a party in contempt.  It is important if you are facing contempt allegations or if you are seeking a remedy through a contempt motion to consult with an experienced and qualified attorney.

In family law matters, often a party violates an order requiring him or her to make child support or spousal support payments or comply with a final judgment in a divorce case. To enforce an order or judgment Florida courts have the ability to:

o   Enter a monetary judgment for vested arrearages,

o   Garnish the violator’s wages,

o   Incarceration,

o   Place a lien on the violator’s property,

o   To suspend a violator’s professional and/or driver’s licenses,

o   Revoking or suspending passport, and

o   Payment of the other side’s attorney’s fees.

If you are owed money for any type of support or as a part of a final judgment and you have not been paid as directed by the court, or if you have been falsely accused of contempt, contact Elaine M. Simon, Marital and Family Law Attorneys to discuss your situation and to develop an enforcement plan that will ensure compliance with your final orders.

To schedule a confidential consultation with the Palm Beach County attorney, call Elaine M. Simon, Marital and Family Law Attorneys at (561) 472-0087.