Once a divorce is final, enforcement issues can arise with one spouse not following through on an aspect of the divorce agreement. This can relate to parenting plans and timesharing, as well as alimony, equitable distribution payments, and anything they agreed on or were ordered to do by the courts.

The court must approve all agreements, which means timesharing agreements, alimony, etc. are all legally enforceable. The court has the authority to intervene if former spouses do not uphold their end of the plan.

• Additional terms and conditions to the previous order
• Modification of the previous order
• Additional requirements for either or both spouses
• Additional education if the issue relates to parental timesharing
• Requirement to attend counseling
• Requirement to make-up time with a child if it was denied
• Holding the non-compliant person in contempt of court, which could result in a monetary fine or jail time
• A civil fine
• Any other order that is necessary to create compliance

If it is alleged the agreement is not being followed, the court can issue an order that includes:

Former spouses who are non-compliant with their arrangement can be required to pay court costs and attorney’s fees of the compliant party.

What Should I Do If My Child’s Other Parent is Non-Compliant?

Enforcement issues are especially sensitive when it comes to parenting time. The best interest of the child must always come first, but parents also deserve to be treated fairly. The parenting plan and timeshare agreement was created to ensure this was the case.

When non-compliance occurs, the court will first look at whether safety is an issue. If you are in the midst of divorce, make sure you tell your attorney that your soon-to-be-former spouse is not upholding his or her obligations under the temporary parenting arrangements. This can affect the ultimate arrangement in the divorce settlement, so it’s important to be open and honest about events.

If you believe your child’s physical or emotional safety is at risk because of his or her other parent’s actions, you can contact law enforcement and/or social services. This can result in extreme measures. You should never use these actions as a threat or revenge against your former spouse.

If your concerns are less immediate, but you still believe your child’s other parent is being non-compliant, you have the right to request the current parenting plan or custody arrangement be enforced by authorities or changed.

To learn more about how divorce settlements are enforced in Florida or to speak to someone about your specific concerns about child custody, contact The Law Offices of Robert M. Geller at (813) 405-1509 or use the online contact form.