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!
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Vanessa Vasquez de Lara is the founder and managing partner of Vasquez de Lara Law Group. Understanding that family law matters are among life’s most challenging moments, she established a firm dedicated to providing clarity, compassion, and powerful legal advocacy to families across Florida.
A graduate of the University of Miami School of Law, Vanessa has been consistently recognized for her professional skill. She has been named to the Super Lawyers list (2016-Present) and is a trusted legal voice and author, and appearing as a featured legal commentator on Univision’s national morning show, Despierta América.
Her leadership extends throughout the legal community as the former President of the Coral Gables Bar Association and an active member of multiple committees for the Family Law Section of the Florida Bar.
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