Dealing with Divorce in the Florida Workplace

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If you’re going through a divorce, you might not have given a lot of thought to how this will affect you at work. Assuming you have a full-time job, you spend more of your waking hours at work during the week than anywhere else. It shouldn’t come as a surprise that your problems at home may affect your work performance, attendance, and relationships with those around you.

Debbie Martinez, a Miami divorce coach, recommends that you at least let your immediate supervisor and your close office mates know what is going on at home. This will help them understand why you might need to occasionally take a personal call or leave early without them feeling like you’re taking advantage of them. However, you should strive to keep both these things to a minimum. It can also alert them to the fact that your moods might be a bit off for a while and that they shouldn’t take it personally.

Stay Professional and Don’t Share Too Many Personal Details

Martinez advises those going through a divorce not to bring the administrative side of divorce to the office to complete on company time. Do not work on forms or complete documents, do not make calls to your attorney or counselors. Not only is that taking time away from your job, your co-workers could potentially see or hear highly confidential information such as your salary, address, and information about your minor children. If co-workers offer their support, graciously accept it, but don’t use it as a time to unload about your ex or make every conversation about going through a divorce. It’s important to maintain a balance between work and your personal life, not to mention the possibility of damaging your standing in your divorce case.

Don’t Forget to Take Care of Yourself

A divorce can be one of life’s most stressful circumstances. You will make things worse for yourself by skipping meals, forgoing a social life, and putting pressure on yourself to be as productive as you normally are when not in the midst of a life-altering situation. While you shouldn’t use it as an opportunity to slack off at work, remind yourself that you’re doing the best you can and that you will be back at your peak soon. As long as you don’t take advantage of your boss and immediate co-workers, they should understand that as well.

If you find that your sad or angry emotions make it difficult for you to complete your work at all, don’t hesitate to seek assistance from a counselor or divorce coach. Contrary to the message society sometimes sends, it’s a sign of strength to admit you need help and not an indication of personal weakness.

How to Support an Employee Going Through a Divorce

In many ways, your challenges can be even more difficult than those of the employee. Your role obligates you to look out for the company’s best interests while mentoring your peers or direct reports. If you start to notice more mistakes or that your co-worker seems distracted or emotional, speak to him or her about it in private. Let the person know what you have noticed and ask what you or others can do to support him or her on the job without taking over any responsibilities. You can ask if he or she would like to share anything but certainly keep things professional and don’t demand it.

One thing to keep in mind, even the most confident person can have feelings of worthlessness during a divorce that spill over into work. If you notice anything this person has recently done very well, be sure to compliment them. Lack of confidence can spiral and ultimately have a long-term effect on job performance.

This is also a time you need to show leadership around the office. If you hear gossip about the divorcing employee, put a stop to it immediately. Let other employees know that type of behavior has consequences and you won’t tolerate it.

Need Additional Advice About Divorce in Florida?

Crystal Collins Spencer, Attorney at Law, is a skilled Florida divorce attorney and has more than three decades of experience representing the interests of divorcing clients in the Fort Walton Beach, Pensacola, and Sandestin areas of Florida as well as the surrounding communities. Please contact our Fort Walton Beach office (850) 200-4652, our Pensacola office (850) 912-8080, or our Sandestin office (850) 424-6683 to request your free initial case evaluation or by using our website contact form.

Tips to Help You Prepare Your Children for Divorce

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Deciding to pursue a divorce is never easy, especially when you and your spouse have children together. Some parents dread telling their children so much that they avoid it as long as possible. What they probably don’t realize is that even their youngest children can tell that something serious is happening with their parents, even if they may not have the words to express it. Your children need support and reassurance from both parents now more than ever.

Breaking the News of Divorce to Your Children

While this may be one of the most difficult conversations you have ever had, you owe it to your children to explain what is happening in an honest and age-appropriate manner. It is not necessary to burden them with the intimate details though. A simple explanation such as “Mom and Dad feel we can’t get along living together anymore and it would be better for you and your siblings to spend time with us separately.”

Some children may become anxious and think that they will be “divorced” from one parent or that they are to blame for their parent’s split. Assure them this isn’t the case and that both parents will continue to love and care for them no matter what. If the other parent has abandoned the family or is not safe to be around, explain as best you can that he or she has some problems that prevent being there right now. Assure your children it has nothing to do with their self-worth and that you will always be there and that you hope the other parent gets the appropriate help.

Explain What Will Change

A lot of anxiety that children experience about a pending divorce is a lack of understanding about how a divorce impact their lives. Let them know which parent is moving out and where he or she will live. If you have decided on a custody arrangement, explain that to them as well. It is also important to let them know what will remain the same, such as staying at the same school.

If possible, try to avoid subjecting your kids to too many changes all at the same time. For example, if moving or changing schools is necessary, try to delay it until they have accepted news of the divorce and adjusted to a new routine.

Expect Strong Emotions From Your Children

No matter the age of your children, your divorce from their other parent can feel like their entire world has shifted and they can’t do anything to stop it. Some kids may lash out in anger, often at the parent who feels the safest to them. Some kids may become profoundly sad and slip into a depression. Younger children may regress with their behavior, such as having toileting accidents or becoming more dependent on a parent instead of less. Encourage your children to openly express themselves. If they can’t do it with you for fear of hurting your feelings, arrange for short-term therapy.

The most helpful thing you can do as a parent is acknowledge your child’s feelings. Don’t tell them they’re wrong for feeling a certain way or that they’re too young to know what’s really happening. If they feel dismissed now, they’re less likely to confide in you in the future. You may discover that your children blame themselves for the divorce. If so, let them know a child is never to blame for adult problems.

How Does Divorce Affect Children?

There is no way to soft sell it, divorce is a personal crisis for everyone involved. When one spouse files to dissolve the marriage, the children need to understand that their relationship with their parents is not ending.

Common emotions experienced by children to divorce are anxiety, shock, anger, and disbelief. High levels of parental conflict are associated with poorer adjustment by children.

A University of Virginia survey found many of these emotions disappear by the end of the second year.

In the event that one parent refuses to encourage a close relation with the other parent, has some questionable moral fitness to raise a child, or is involved in drug and alcohol abuse, violence, domestic abuse, child abandonment, or child neglect, the court will be notified and will reconsider the best interests of the child. Shared parental responsibility may then convert to sole parental responsibility.

This is unfortunate because children do best with both parents in their life.

Present Your Children a United Front if Possible

Whenever possible, family therapists recommend that parents should talk to their children about an upcoming divorce together. This means deciding what to tell them in advance and before any changes in living arrangements occur. Each parent should avoid blaming the other, even when serious issues like adultery have taken place. Keep the explanation simple and make sure the children know that both parents love them.

Take Care of Yourself Too

It’s only natural that strong emotions will arise when going through a divorce. However, you should not share these with your children. Make the time to see friends as often as possible and seek therapy yourself if you feel stuck in sadness, resentment, or anger. Eating a healthy diet and getting enough exercise will help you whether this storm as well.

Contact Spencer Law with Divorce, Custody or Child Support Disputes

Crystal Collins Spencer, Attorney at Law, is a skilled Florida family law attorney and has more than three decades of experience representing the interests of divorcing clients in the Fort Walton Beach, Pensacola, and Sandestin areas of Florida as well as the surrounding communities. Please contact our Fort Walton Beach office (850) 200-4652, our Pensacola office (850) 912-8080, or our Sandestin office (850) 424-6683 to request your free initial case evaluation or by using our website contact form.

Distracted Driving: Look Out for Children Going Back to School

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A recent report by the National Highway Traffic and Safety Administration (NHTSA) states that 29 percent of fatal pedestrian accident occur in the fall. This makes it the deadliest time of year for people crossing a road on foot. Unfortunately, distracted driving is a leading cause of these types of accidents. Now that school is back in session, the NHTSA reminds drivers to pay attention and respect school buses. Be prepared for them to stop often and stay a safe distance from their stop signs. Additionally, make sure you yield when a school bus is trying to merge.

It’s also important for drivers to pay attention to posted speed limits near schools. According to Florida statute 316.1895, school safety zone speed limits should not exceed 20 miles per hour. Many communities have posted signs that state the speed limit and the speed of each car passing by it. You could face hefty fines if stopped for speeding in a school safety zone.

Teach Your Children School Bus Safety

Even the youngest school children should understand bus safety to help avoid a tragic accident. You can model safe behavior by following the tips outlined above when your children are in the car. Bus safety starts at the bus stop. Let your children know they should stand back away from the road while waiting for the bus to arrive. This isn’t the time to run and play. Teach them to watch for the bus to arrive and display its flashing lights and stop sign. When it arrives, they should look left, right, and left a second time before crossing the street to get on the bus.

When exiting a school bus, children should walk in front to ensure that the driver sees them. Explain to your kids that the driver won’t be able to see them if they cross at the back of the bus. They should always cross at a stop sign or traffic light if available.

Top Causes of Distracted Driving in Florida

According to the Florida Highway Safety and Motor Vehicles Department, distracted driving falls into the following three categories:

  • Cognitive: This means the driver is thinking of other things and not completely focused on the road in front of him or her. Common examples include daydreaming and preparing a mental to-do list. Not being fully present slows the response time to a sudden situation, such as having to slam on the brakes to avoid hitting someone crossing the road.
  • Manual: A manual distraction means that the driver takes his or her hands off the wheel to attend to something else. Changing the radio station, placing a phone call on a mobile phone and applying make-up are common examples.
  • Visual: A visually distracted driver takes his or her eyes off the road to look at something else, such as a child fussing in the back seat or an attraction on the side of the road.

Texting while driving is an especially dangerous form of distracted driving because it requires the use of all three senses outlined above. Other types of distracted driving include eating, interacting with passengers in the vehicle, tending to unsecured pets, adjusting a Global Positioning System (GPS), and changing the car’s climate controls.

A driver must perceive a hazard immediately and stop the vehicle to avoid a crash. A driver’s perception distance, which is the distance the car travels from the moment the driver spots a hazard until his or her brain understands the danger, can increase greatly with any type of distraction. This means he or she may not be able to stop in enough time to avoid the crash.

Are You Dealing with the Consequences of a Distracted Driver?

At Crystal Collins Spencer, Attorney at Law, we understand that accidents happen. However, every driver has the legal obligation to drive as without distractions. If you or a family member sustained serious injuries in a crash with a distracted driver, you may be entitled to financial compensation. A winning lawsuit would cover your medical expenses, lost wages, property damage, and possibly non-economic damages such as pain and suffering. Please contact our experienced and compassionate Florida personal injury attorneys in our Fort Walton Beach office (850) 200-4652, our Pensacola office (850) 912-8080, or our Sandestin office (850) 424-6683 to request your free initial case evaluation or by using our website contact form.

Divorce, Religion, and Child-Rearing

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Some of the world’s most devastating conflicts have arisen over religion. It should come as no surprise that, during the already fraught process of obtaining a divorce, many parents of differing faiths find it all but impossible to reach a suitable compromise on the manner and extent of their child’s religious education. Courts will attempt to find a resolution that promotes the child’s best interests and avoids any harm to the child.

When one parent has sole parental responsibility, then that parent will have the exclusive right to determine whether their child is given a religious upbringing. Where parents have shared parental responsibility, the question can become far more complicated. Courts generally approach questions of whether and how a child will receive a religious upbringing by evaluating both the child’s best interests and the parent’s First Amendment right to practice their religion as they see fit. A parent will typically have a wide latitude to expose their children to the parent’s religious beliefs, whether or not they differ from those of their co-parent. That said, Florida courts will intervene to restrict a parent’s religious practice where their practices or decisions influenced by their faith would cause actual or substantial harm to the child.

Examples of Florida family court cases where a court has determined that a divorced parent’s religious beliefs would harm a child are few, but they do exist. In one such case, the mother asserted that her religious beliefs dictated that her child not receive vaccinations. The father sought the court’s intervention, arguing that the religious belief preventing vaccination of the child would cause the child actual harm. In weighing the mother’s right to practice her religion against concerns that the child could become seriously or fatally sick as a result of the mother not vaccinating the child, the court decided that the child’s best interests outweighed the desire to allow the woman to practice her faith. The court awarded the father the sole right to make religious choices regarding the child.

When threats of harm are not an issue, both parents have the right to provide the sorts of religious experiences to their child that they deem appropriate, and one parent cannot generally be compelled to provide certain religious experiences to the other child. That said, courts will enforce most written agreements created by the parents detailing how their children’s religious upbringing should be handled, and a parent may choose to waive their First Amendment right to raise their child in a certain faith by signing this kind of agreement. Finding a family law attorney who can calmly and wisely navigate these types of conflicts between co-parents will make the process of reaching a suitable custodial agreement less heated.

If you are considering divorce in Florida, or are in the midst of a dispute over child custody, seek compassionate and knowledgeable legal guidance for your dispute by contacting the Pensacola offices of Crystal Collins Spencer for a consultation at 850-912-8080, with additional offices in Sandestin at 850-424-6683, and in Fort Walton Beach at 805-200-4652.

Bills under Consideration Would Alter Court’s Options to Enforce Child Support Payment, Calculation of Alimony

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The Florida state legislature is currently considering two bills relevant to divorce and custody in Florida. One would modify the manner in which Florida courts can sanction parents who have failed to pay child support. The other would alter how alimony is calculated after a divorce.

Court’s ability to automatically revoke nonpaying parent’s driver’s license may be limited

Rep. Kimberly Daniels of the Florida House of Representatives introduced HB 313, which was recently approved of by the House Children, Families and Seniors Subcommittee. The law would alter a portion of the “Florida Responsible Parent Act,” which governs how courts can sanction so-called “deadbeat dads” who have fallen behind on their child support payments. That law provides for automatic revocation of a parent’s driver’s license, or arrest, if that parent fails to make child support payments.

Critics of that law have complained that revoking a driver’s license makes that parent unable to get to work, hampering even further their ability to stay current with support payments should they lose their job. Arresting the parent can also cause loss of a job, possibly spurring a headlong fall into poverty. Daniels’ amendment to the law would protect nonpaying parents from automatic revocation of a driver’s license, instead allowing judges to require nonpaying parents to wear an electronic monitoring device and restrict those parents from traveling anywhere but to and from work if allowed to retain their driver’s license. The amendment would also offer tax incentives to businesses that employ those parents. The amendments to the child support law are now moving forward toward consideration by the assembly at large.

Alimony changes stalled in committee

Numerous attempts have been made over the past few years to revise the state’s laws on calculating alimony. A bill before the Florida Senate’s Children, Families, and Elder Affairs committee would have created a formula for courts to use when calculating alimony, using the incomes of each spouse and the length of the marriage to determine alimony payments. The law would have provided some flexibility for judges to veer from the formula where appropriate, as well. However, the chair of the committee has announced that she would not be advancing the bill forward for a vote during the current session, resulting in another year without changes to the state’s methods for calculating alimony.

If you’re facing a family law issue in Florida, such as a divorce or battle for child custody, contact the dedicated and experienced Pensacola family law attorney Crystal Collins Spencer for a consultation, at 850-912-8080, or in Sandestin at 850-424-6683 and Fort Walton Beach at 850-200-4652.

Consider These Tips if Separating from Your Spouse

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Making the choice to divorce from a spouse requires serious consideration and time. Many couples elect to spend a period of time separated before filing for divorce to be sure that they wish to end their marriage. It’s important to enter a separation thoughtfully and with adequate planning to make the separation as painless as possible, and to ensure that your rights are protected through the separation. Read on to find some guidelines for a marital separation.

Set out clear guidelines regarding what you want from the separation.

Make sure both you and your spouse are on the same page regarding the purpose of the separation. Have a conversation where you lay out explicitly what you’d like to come from your separation, and what you want your spouse to do during the separation that would make you consider a reunion. For example, determine a number of counseling sessions you’d like to attend with your spouse that you feel would give you an adequate opportunity to determine whether the relationship is salvageable. If your spouse has an issue independent of your relationship that you’d want to be addressed if the marriage is to continue, such as a substance problem or mental health issues, explain that your spouse needs to complete a course of treatment for these problems before the separation can end.

Remain respectful and professional with your spouse.

If you and your spouse have reached the point of deciding to separate, there are bound to be serious tensions between you. Nevertheless, remain cordial and respectful of your spouse through a separation. Any hope of reconciliation could be dashed if you fail to remain civil toward your spouse. You’re also likely to need your spouse’s cooperation throughout the separation, whether it’s to retrieve belongings from the home you shared or to alter the agreed child custodial schedule. Remaining civil will help the separation, and possible divorce, occur much more smoothly.

Reach an agreement on important issues before the separation, and get the agreement in writing

A separation agreement isn’t legally necessary, but it can be a way to ensure that your needs and the needs of your children are protected while your lives are still closely intertwined. A Florida family law attorney can help you draft an agreement that lays out the amount of any spousal or child support payments that should be paid during the separation, as well as which spouse has access to your shared property, and how joint credit cards or bank accounts should be used during the separation.

If you’re considering a separation or divorce in Florida, contact the seasoned and compassionate Pensacola family law attorney Crystal Collins Spencer for a consultation, at 850-912-8080, with additional offices in Sandestin at 850-424-6683 and Fort Walton Beach at 850-200-4652.

Proving Income of a Self-Employed Spouse

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There are many reasons why the parties to a divorce are required to produce complete and truthful financial disclosures to the court. Income and asset information is used to calculate spousal maintenance, child support payments, and a fair division of marital assets. If your spouse has a traditional, salaried job and does not earn outside income, then determining how much they make after taxes is a simple matter of reviewing pay stubs. When spouses have small businesses, or are otherwise self-employed, proving income is not as straightforward. Those who are self-employed have greater opportunities to hide income from the court, making it appear as though they are entitled to receive (or avoid paying) maintenance or support when this isn’t the case. With help from a skilled family law attorney, you can make sure that the family court is not misled by inaccurate financial disclosures so that you receive a fair outcome.

Become informed before a split

Some couples either keep their finances entirely separate throughout a marriage, or one spouse is left solely responsible for handling the family’s finances. Before you divorce, make sure you have a basic understanding of your spouse’s income and the structure of their business. Ask to have your spouse explain how their business is organized, and be sure that you can locate any joint tax return documents and account statements.

Request documents through discovery

Some divorces or other family court matters can be resolved without making requests for documents through the discovery process, which can often be drawn-out and expensive. However, if your ex is hiding thousands of dollars of income from the court, requesting more detailed financial disclosures and evidence of earnings through discovery could still be financially beneficial. If you feel confident that certain accounts are missing from your spouse’s calculations, have your attorney request those account statements specifically. 

Lifestyle evidence can be persuasive to the court

While your spouse may appear to be poor on paper, there may be other evidence of their financial resources that you could provide to the court. If you’ve seen or heard about photos on social media sites depicting your ex with their new love interest on a foreign vacation, or photos of lavish gifts your ex has given, these photos may be worth presenting to the court. While they cannot serve as proof of your spouse’s true earnings and assets, they can show the court that the disclosures so far received have been less than complete.

If you are facing a divorce or dispute over your child’s custody in Florida, contact the seasoned, knowledgeable, and effective Pensacola family law attorney Crystal Collins Spencer for a consultation on your case at 850-912-8080, with additional offices in Sandestin at 850-424-6683, and in Fort Walton Beach at 850-200-4652.

Questions and Answers on Injunctions for Protection against Domestic Violence

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Intimate relationships can be sources of great joy, but when those relationships sour, they can bring fear and violence into spouses or partners’ lives. It is not unheard of for a spouse to lash out with threats or violence after the other spouse files for divorce. If you have been threatened with or subjected to violence by a current or former spouse or partner, there are steps you can take to protect yourself and your children from additional harm. Read on to learn more about injunctions for protection in Florida.

What is an injunction for protection?

Injunctions for protection (sometimes known as “restraining orders” or “protective orders”) create a legal safeguard against someone who has threatened or committed physical violence or sexual battery against you. The injunction is a form of court order that bars the abuser from being in contact with you or being within a certain distance of your home or office; it can also give you the right to have the abuser arrested for violating the order.

Who can get an injunction?

Injunctions for protection against domestic violence are only available against a current or former spouse or intimate partner, family member, co-parent, or someone with whom you currently live or with whom you used to live. Injunctions are available against a person who has committed an act of domestic violence against you or has put you in immediate danger of becoming the victim of domestic violence. Florida law defines “domestic violence” as any assault, battery, sexual assault or battery, or other criminal offense resulting in physical injury or death committed by one family or household member against another family or household member.

There are additional forms of injunction for those who have been the victim of repeat violence, stalking, or dating violence. Speak with an attorney if you believe one of these forms of injunction may be what you need.

How do I get an injunction?

Temporary injunctions are obtained by completing a petition for protection against domestic violence and submitting it to the court. The petition should describe what has put you in fear of violence against yourself or your child. The judge will review your petition and grant or deny the injunction based solely off of your petition, so it is important that it is filled out completely and accurately. An attorney can help you complete the petition, including all relevant details. A temporary injunction will only last 15 days, during which time the court will schedule a hearing to determine whether the temporary injunction should become a final injunction, which can last for up to a year.

What will an injunction do?

An injunction can make it illegal for your ex to contact you, either in person or through other means. Depending on the injunction crafted by your judge, and what you and your attorney request that the injunction do, it could also give you full custody of your child and prevent your co-parent from having visitation time with the child. An injunction can also result in an abuser being barred from a home that you share with them, and result in temporary child or spousal support payments. Obtaining an injunction could further be used in future custodial disputes, as evidence that your co-parent should have little to no visitation time with your child due to their violent tendencies.

What will happen if my ex violates the injunction?

You may call the police, explaining that you have an injunction in place and that the abuser is violating the injunction. Law enforcement will come and, after reviewing a copy of the injunction (which you should keep with you at all times), they can arrest the abuser. Violating an injunction carries misdemeanor charges, aside from any other charges such as assault or battery that may result from the abuser being in contact with you. The abuser can also be held in contempt of court, should you decide to report the violation to the local court clerk rather than call the police to have the abuser arrested. Additionally, you may be eligible for money damages as a result of your ex violating the injunction. An attorney can help you respond effectively to a violation of an injunction.

If you are in need of assistance with a matter before the family court in Florida, such as a divorce, custodial dispute, or petition for an injunction, contact the compassionate and effective Pensacola family law attorney Crystal Collins Spencer for a consultation at 850-912-8080, with additional offices in Sandestin at 850-424-6683, and in Fort Walton Beach at 850-200-4652.

January One of the Most Popular Months for Divorce

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While resolutions made in the new year don’t always last much longer than the month of January itself, there is a natural instinct to evaluate one’s contentment and satisfaction with life at the start of a new year. For a number of unhappy couples, this means deciding that the time has come to end a marriage that is no longer working. Below, find some common reasons why more couples tend to file for divorce in January, and speak with one of our compassionate and knowledgeable divorce attorneys if you’re considering filing for divorce in the upcoming year.

Financial considerations

Couples who reach the decision to separate in the last part of the year often conclude that actually filing for divorce in November or December isn’t a wise move financially. The expenses of the holiday season may pose too great a burden on their finances for them to take on the costs of finding new housing or retaining an attorney, and it may not be prudent to miss out on the tax benefits of filing a return as a married couple by divorcing before the end of the year. Spouses may feel the need to wait for year-end bonuses and post-holiday fiscal rebound before they can separate.

Hope that the holiday will rekindle their relationship

Spending time together over the holidays can be a great joy for happy couples. Some spouses in struggling marriages may hope that fond remembrances for holidays past may help them to regain closeness with a drifting partner, but conclude by the end of the year that this is not to be. Other couples who hadn’t yet concluded that divorce was inevitable are simply pushed to their limit by the financial or familial stresses of the holiday season.

Sticking it out for the sake of the family

No parents want to taint their child’s holiday season with news that they are planning to divorce, and so many couples hold on through the end of the year simply for the sake of their kids. While it may be admirable to put your children first, consider whether or not you can do so without inadvertently having an even more negative effect on your children’s holiday. If you’re unable to be in the same room with your spouse without beginning an argument, your children’s holiday may in fact be more joyful if you and your spouse spend it apart than together.

If you are preparing to divorce in the new year, seek legal advice you can trust to get you through the end of your marriage, and contact the compassionate and skilled Pensacola family law attorney Crystal Collins Spencer for a consultation, at 850-912-8080, with additional offices in Sandestin at 850-424-6683 and Fort Walton Beach (850-200-4652).

Motions for Contempt & Enforcement in Florida Family Court

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When the judge in your family court case has ruled on a given issue, these rulings will be memorialized in a written order and officially entered. Once the court’s order is entered, it becomes legally binding on the parties before the court. If either party fails to obey the terms included in the order, the other party can seek to have the order enforced in court, and can even obtain severe sanctions against the noncompliant party. Read on to learn more about seeking contempt and enforcement of family court orders.

Courts can issue orders on all manner of subjects in a family law case, such as the frequency with which divorced parents will exchange custody of their children, or the amount of child support to be paid each month. When a party has disobeyed an order, such as by refusing to turn over custody of a child according to the schedule in the order, or failing to make regular child support payments, the wronged party can file a motion for contempt and enforcement. Such motions will present the court with an argument as to how the noncompliant spouse has violated the order.

The court will then hold a hearing where the court will analyze whether the order issued clear instructions to both parties, and whether the noncompliant party was capable of complying. For example, if the visitation schedule in the court’s order was vague, or if the parent who owed support lost their job, then the court may rule against finding the noncompliant party in contempt. However, if the court finds that there was a clear order and that the noncompliant party was able but unwilling to comply, then the court will find them in contempt and will determine how contempt can be “purged,” as well as what sanction the noncompliant party may face for failing to comply. For example, if the court rules that the supporting parent is able but unwilling to pay child support, the court may order that that parent be held in jail until they become current on child support payments. Courts may also award fines and attorneys’ fees against a parent or ex-spouse who has given their ex no choice but to return to court to enforce an order. An experienced Florida family court attorney can assist you in seeking the support or compliance you’re owed pursuant to a court order.

If you are in need of compassionate, trustworthy assistance with a Florida family court matter, such as a divorce or enforcement of a family court order, contact the Pensacola family law attorney Crystal Collins Spencer for a consultation, at 850-912-8080, with additional offices in Sandestin at 850-424-6683 and Ft. Walton Beach at 850-200-4652.