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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!

Author Bio

Vanessa Vasquez de Lara is the founder and owner of Vasquez de Lara Law Group, a Miami family law firm. With over 20 years of experience in family law, she has zealously represented clients in various legal matters, including divorces, child support, child custody, alimony, and other family law cases.

Vanessa received her Juris Doctor from the University of Miami School of Law in 2002 and is a member of the Florida Bar Association. She has received numerous accolades for her work, including being named to the 2015 Super Lawyers Rising Stars and the 2016-2023 Super Lawyers list.

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