My motion for enforcement was granted against my ex spouse, but they have not paid. What is the next step?
In my divorce, I was to receive my car, but before our divorce was final, they totaled it and took the insurance money. I filed for enforcement of final judgement where it was ruled that she was to pay the money directly to me within 30 days. That deadline expired 07/06/13 and she has not paid me or offered any payments. Can I file for enforcement/contempt? What is the next step?
If there is a court order mandating your ex to do something, and she fails to comply your only recourse is a motion for civil contempt. You shouldn’t wait as your claim is strongest close to the court violation.
You should absolutely go to court and get court orders that detail his rights and responsibilities. A mediator is a great tool for resolving issues. With regards to the income tax dependency, only the parent whom the child resides with the majority of the time is entitled to the dependency. If he claims the child and you claim him as well, his return will be flagged and he’ll have to repay the money.
Good luck!
About the Author
Vanessa Vasquez de Lara is a Miami divorce lawyer, author, and legal commentator with more than 20 years of experience helping families navigate divorce, child custody disputes, and complex family law matters throughout Florida. She is the founder and managing partner of Vasquez de Lara Law Group, one of the largest family-law-only firms serving Miami-Dade and Broward counties, with a team of attorneys dedicated exclusively to divorce and family law.
A graduate of the University of Miami School of Law, Vanessa has been recognized for her professional excellence by being named to the Super Lawyers list every year since 2016. She is also the author of the bestselling book “The Florida Man’s Guide to Getting Divorced” which provides practical insight into the legal, financial, and personal realities of divorce in Florida.
Fully bilingual in English and Spanish, Vanessa is frequently invited to provide legal commentary on family law issues in national media, including appearances on NBC and Univision’s Despierta América.
Beyond her legal work, Vanessa is the founder of the Ricky Supreme Scholars Foundation, created in honor of her brother who lost his life to gun violence. Through the foundation, she provides scholarships to high school students to help them pursue higher education and build brighter futures.
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