A final divorce decree is a court order. It carries the full authority of the Pinellas County court that issued it. When a former spouse ignores it, whether by refusing to pay child support, skipping alimony payments, blocking parenting time, or failing to transfer property as ordered, there are real legal consequences available. St. Petersburg residents dealing with noncompliance have more options than many realize.
What Happens If A Former Spouse Refuses To Follow A Court Order In Florida?
The short answer is that Florida law gives courts significant enforcement tools, and noncompliance can result in serious consequences for the party who refuses to comply.
The primary enforcement mechanism is a motion for contempt under Florida Rule of Civil Procedure 12.615. When one party files a motion for contempt, the court schedules a hearing. The noncompliant party must appear and explain why they haven’t complied with the order. If the court finds willful noncompliance, it can hold that party in contempt.
What Can Contempt Of Court Mean For A Noncompliant Former Spouse?
Civil contempt in a Florida family law case can carry a range of consequences depending on what the court determines is necessary to compel compliance:
- Fines for each instance of noncompliance
- Payment of the compliant party’s attorney fees and court costs under Florida Statute § 61.16
- Income withholding orders requiring the employer to deduct support directly from paychecks
- Suspension of a driver’s license or professional license
- In cases of serious or repeated noncompliance, incarceration until compliance is achieved
The court’s goal in civil contempt is to compel future compliance, not to punish. But repeated refusal to comply can result in more significant penalties over time.
Are There Other Enforcement Tools Beyond Contempt?
Yes. Florida law provides several parallel enforcement mechanisms that don’t require a contempt finding.
For child support specifically, Florida Statute § 61.1301 authorizes income withholding orders as a standard enforcement tool. The Florida Department of Revenue also enforces child support orders and can intercept tax refunds, place liens on property, and report delinquency to credit agencies.
For property transfers ordered in the divorce, a party who refuses to sign a deed or transfer title can be held in contempt, and in some cases the court can appoint a special master to execute the transfer on their behalf.
What If The Noncompliant Former Spouse Has Moved Out Of State?
This is more complicated but doesn’t eliminate the options. Florida divorce orders remain enforceable in other states under the Full Faith and Credit Clause of the U.S. Constitution. The compliant party may need to domesticate the Florida order in the other state’s courts before pursuing enforcement there. The Uniform Interstate Family Support Act, adopted by all states, also provides mechanisms for enforcing child support and alimony orders across state lines.
Should I File For Enforcement On My Own?
The enforcement process involves specific motions, hearing procedures, and legal standards that are easier to navigate with representation. A St. Petersburg post-divorce lawyer who understands how Pinellas County family courts handle enforcement matters can identify the most efficient path based on what the specific order requires and what the other party has or hasn’t done.
The McKinney Law Group is led by Damien McKinney, Esq., one of fewer than 1% of Florida attorneys who hold Board Certification in Marital and Family Law from The Florida Bar. If your former spouse is ignoring a divorce court order in the St. Petersburg area, reach out to a St. Petersburg post-divorce lawyer to discuss what enforcement options apply to your specific situation.