TBS Law, P.A.
Enforcement
About Enforcement
Orders entered by the Court or by agreement of the parties is binding and enforceable. When a party is ordered to do something and has not complied the proper action would be a Motion to Compel and/or Contempt. The Court retains jurisdiction over all support orders and time sharing plans and will hear Motions to Compel or Motions for Contempt usually through the Court’s Magistrates.
Many of the support payments are automatically deducted from the payroll of the party paying through an Income Withholding Order (IWO), but will need to be amended when and if the paying party changes employers. Sometimes payments are made direct from the paying spouse through the Florida State Registry. The State will keep track of the money owed and the money paid. Often the parties agree to pay each other directly each month and it is up to the parties to handle the accounting and collection of the payments.
If a payment is late or has not been paid as agreed the Court can and will enter Orders Compelling the party to pay. Often these Orders are accompanied by Orders for Contempt which can include payment arrangements for arrearages, interest and sometimes even an award of attorney fees.
The Court may order the paying party to post a bond, suspend driving privileges and in extreme circumstances order jail time. Florida Statute 61.17
