When a divorce or separation occurs, the most important court orders will set out the required support and custody agreements. This defines a role and set of actions that can affect individual's lives over many years to come. Unfortunately for many different reasons, these orders do not always get complied with.
Whatever the underlying reason, it still stands true that a recognized court order is in place and there are legal remedies to see that this order is enforced. Making this happen requires the filing of legal forms and a motion for enforcement. Most often, this is best done with the experienced legal representation of a Fort Myers divorce lawyer from Calvo & Calvo, Attorneys at Law.
Getting a Previous Court Order Enforced
The first step after meeting with a family law attorney will be to file the approved form with the family law court. At this time, your lawyer will also enter a motion for the enforcement of the prior order with the courts. This motion explains what the other party has failed to do or failed to comply with in the previous order. This form is also personally served upon the other party.
This is best done by the sheriff or a private process server. Mailing and hand delivery can also be done but it is not recommended and at times is not even recognized by the courts.The next step is that the court sets a hearing date. There are more forms and legalities to be completed once the hearing date has been determined. Once again, the notice for the court hearing date must be personally served to the other party and is best done by the sheriff or a personal process server.
What happens at the hearing?
The hearing is like any civil proceeding and it will be up to the complaining party to prove that the other party has failed to uphold or obey the prior court order. Once this fact has been demonstrated then the other party will present their case and the reasons why they were not able to comply.
The judge will then hear these reasons and render a ruling. The other party may be found in contempt of the order and various legal remedies and penalties can be ordered by the court to enforce compliance.
This is a highly technical legal procedure and is best done under the guidance of experienced legal representation. If you need assistance in this area please contact a Fort Myers Family Law Attorney for further information.
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