In the current economic times, more and more people find themselves in a situation where they are owed past due child support, alimony or attorney's fees. Many people also are facing situations where an ex-spouse was ordered to pay a marital debt or an equalization payment but is refusing or unable to do so. Fortunately, there are solutions that can help you collect the money which is rightfully yours. Although the Florida Bar prohibits attorneys from taking most family law cases on a contingency fee basis, the rules do allow us to possibly take a collection of past due support case on a contingency fee basis. This means that there are no fees or costs unless we recover on your behalf. The full contingency fee agreement will be discussed during your free consultation.
1. Past Due Child Support, Alimony or Attorney's Fees
These three categories are treated as "support obligations" and are enforceable via a Motion for Contempt. If you are owed money falling under these three categories, you have the ability to ask the Court to incarcerate the non-paying party if you can prove that they have the current ability to pay and are simply refusing to do so. The main issue in most of these cases is that people rush to Court to file their Motion for Contempt without first doing the proper financial discovery on the other party. If you rush and cannot prove the other party has the ability to pay, your chances of recovering the money or the Court putting that person in jail are very low. At The Orlando Family Firm, we believe that proper preparation prevents this dilemma. We offer a wide range of options to conduct financial discovery, including issuing subpoenas to banks and other financial institutions, using private investigators to conduct asset searches, taking depositions or using traditional discovery. Often times it will only take us a few days to figure out whether your case can be pursued and whether you have a chance at recovering these monies. Remember, these three past due amounts can possibly result in incarceration, so the success rate on collecting past due support obligations is often high.
2. Non-Payment of Marital Debt or Equalization Payment
Unfortunately, this type of obligation is not considered a support obligation and cannot be enforced via a Motion for Contempt. These issues need to be address via a Motion for Enforcement which unfortunately cannot subject one to incarceration. This cases turn into traditional collections cases where we need to find an asset and go to Court and ask that the judge seize a particular asset to satisfy the non-payment of the marital debt or the non-payment of the equalization payment. At The Orlando Family Firm, we will conduct a full financial background check on your former spouse and advise you if a collections action would be worthwhile.
The Orlando Family Firm, located conveniently in downtown Orlando is a full-service family law firm dedicated to providing compassionate and aggressive representation for our clients. As Orlando Alimony lawyers we are focused on representing you and getting your legal matters resolved as quickly and proactively as possible. Our firm typically handles family law cases throughout Central Florida in Orange County, Osceola County and Seminole County. We have significant trial experience in handling alimony cases. We believe that communication with our clients is of utmost importance so that our clients know exactly what is going on in their case and to help take the mystery out of the legal process. Going through a divorce or other family law proceeding is a trying time for our clients and we provide the peace of mind to help our clients resolve and move past their family legal issues. The Orlando Family Firm can help resolve your alimony matters - Contact Us Today for a Free Consultation.