Fort Lauderdale Alimony Enforcement Attorney

A divorce decree establishing alimony is not the end of the financial story between former spouses. For many people in Broward County, the real challenge begins after the ink dries, when payments arrive late, come in short, or stop altogether. Fort Lauderdale alimony enforcement is a distinct legal process that requires a different set of skills than negotiating alimony in the first place. The court order exists, the obligation is clear, and yet the money is not coming. That gap between what the order says and what is actually happening is where an enforcement attorney earns their value.

Florida courts have significant authority to compel compliance with support orders, but that authority does not activate automatically. A party seeking enforcement must file the right motions, present the right evidence, and navigate the Broward County court system in a way that produces a concrete result rather than a continuance. Whether the paying former spouse has stopped working as a claimed financial hardship, relocated to avoid obligations, or is simply choosing not to pay, the enforcement tools available under Florida law are substantial and, when used correctly, effective.

At Sandra Bonfiglio, P.A., the firm approaches alimony enforcement not as a confrontational exercise, but as a focused legal effort to hold former spouses accountable to their court-ordered obligations while keeping the overall co-parenting relationship, where children are involved, as intact as possible. The practice serves clients in Fort Lauderdale, Broward County, and St. Augustine who are owed support and need a legal advocate who understands how the Florida family court system actually operates.

When Alimony Enforcement Becomes Necessary in Broward County

Alimony enforcement typically becomes necessary in one of several predictable patterns. Some paying spouses fall behind gradually, missing a payment here and there until the arrears accumulate into a serious financial shortfall for the recipient. Others stop paying abruptly following a life event, a job change, a new relationship, or a remarriage, without first seeking a formal modification from the court. A smaller but significant number attempt to hide income or restructure their financial picture to make enforcement seem futile. Each of these scenarios calls for a different enforcement approach, and recognizing which pattern applies shapes the legal strategy from the outset.

Florida law treats unpaid alimony as contempt of a court order, which carries real consequences, including potential incarceration, wage garnishment, seizure of assets, and suspension of certain licenses. The recipient spouse is not simply waiting on goodwill. There is a legal mechanism behind every missed payment, and activating that mechanism promptly limits how much arrears accumulate and how long the financial disruption continues.

What a Fort Lauderdale Alimony Enforcement Lawyer Handles

• Contempt of Court Proceedings: When a former spouse willfully fails to comply with a support order, filing a motion for contempt in Broward County circuit court is often the most direct path to enforcement, as a contempt finding can result in incarceration, fines, or other sanctions designed to compel compliance.
• Income Deduction Orders: Florida law provides for income deduction orders that require an employer to withhold alimony directly from the paying spouse’s paycheck, eliminating the opportunity to divert or delay payments.
• Wage Garnishment and Asset Collection: Where a paying spouse is self-employed, a contractor, or otherwise not subject to a straightforward payroll deduction, enforcement may involve identifying and levying accounts, investment assets, or other seizable property.
• Arrears Calculation and Documentation: Before any enforcement motion is filed, the total amount owed must be documented precisely, covering missed payments, partial payments, and the accrual of any applicable interest on unpaid support.
• License Suspension Remedies: Florida allows courts to suspend professional licenses, driver’s licenses, and certain other licenses for chronic noncompliance with support orders, which can be a powerful incentive for a previously unresponsive former spouse.
• Defense Against Improper Enforcement: In some cases, the party being accused of nonpayment has a legitimate defense, such as a documented inability to pay rather than willful refusal, and presenting that distinction to the court is critical to avoiding unjust sanctions.
• Modification vs. Enforcement Analysis: Sometimes a paying spouse’s circumstances have genuinely changed, and distinguishing between a situation that calls for enforcement and one that calls for a court-approved modification requires a careful legal assessment before any motion is filed.

What to Do When Alimony Payments Stop or Fall Short

The most damaging thing a recipient spouse can do when payments stop is wait. Arrears accumulate every missed payment cycle, and the longer enforcement is delayed, the larger the debt grows and, in some cases, the harder it becomes to collect. The first practical step is to document everything: keep records of every payment received, note the date and amount, and flag every instance where a payment was late, short, or missing entirely. Bank statements, transaction records, and any written communications from the paying spouse about the payments are all potentially relevant to an enforcement proceeding.

Once you have organized that documentation, contact a Fort Lauderdale alimony attorney who handles enforcement matters before filing anything on your own. The Broward County courthouse at 201 SE 6th Street in Fort Lauderdale is where family law enforcement motions are filed in this jurisdiction, but the procedural requirements for a contempt motion, a motion to establish arrears, or a motion to modify an income deduction order are specific and unforgiving of technical errors. An improperly filed motion can delay resolution by weeks or longer.

Avoid confronting the paying spouse directly or accepting informal payment arrangements without putting them in writing and, ideally, having them incorporated into a formal court agreement. Informal deals made outside of court can complicate your enforcement position if payments later lapse again. Similarly, do not agree to reduce or forgive arrears without understanding exactly what you are waiving and whether a court order is needed to make that agreement binding. Verbal agreements about alimony carry little legal weight in a subsequent court proceeding.

For clients in St. Augustine and St. Johns County, enforcement proceedings follow the same Florida statutes but are handled through the St. Johns County Courthouse, where local court procedures and scheduling timelines differ from those in Broward County. An attorney familiar with both jurisdictions can navigate those differences efficiently.

How Florida Courts Approach Alimony Enforcement After the 2023 Reform

Florida’s alimony framework changed meaningfully in recent years. Effective July 1, 2023, Florida eliminated permanent alimony and restructured which forms of support are available going forward. Under the current law, alimony in Florida may be bridge-the-gap, rehabilitative, or durational, with durational awards capped at 50 percent of the length of a short-term marriage, 60 percent of a moderate-term marriage, and up to 75 percent of a long-term marriage, with exceptions for exceptional circumstances. This shift affects the landscape of enforcement in a specific way: the duration and structure of alimony obligations are now more clearly defined, which means both parties should understand exactly when an obligation is scheduled to end and whether any conditions, such as the recipient spouse’s remarriage, affect the obligation.

For support orders entered before the 2023 changes, the terms of the existing order continue to govern the obligation unless the paying spouse pursues a modification through the court. A paying spouse who unilaterally reduces or stops payments because they believe circumstances have changed is not protected by that belief. The obligation continues as written until a court formally modifies it. This distinction matters enormously in enforcement proceedings: willful nonpayment is different from an inability to pay, and the court’s response depends heavily on which category applies.

Enforcement of durational and rehabilitative alimony also requires attention to the underlying purpose of the award. A rehabilitative alimony order, for instance, may require the recipient to comply with a rehabilitative plan, such as completing education or job training. If either party believes the other is not meeting their obligations under the order’s terms, that dispute should be raised promptly with the court rather than resolved through self-help measures like withholding payments.

Why Sandra Bonfiglio, P.A. Handles Alimony Enforcement Differently

Sandra Bonfiglio, P.A. is a Fort Lauderdale-based family law firm that has built its practice around helping clients reach fair outcomes through uncontested processes, mediation, and collaborative approaches where possible, and through firm, focused litigation where necessary. The firm serves clients in Fort Lauderdale, the broader Broward County area, and St. Augustine. That dual-market focus means the firm is familiar with the procedural nuances of both the Broward County and St. Johns County court systems, which matters when enforcement timelines and local judicial practices differ between the two venues.

The firm’s grounding in amicable resolution is not a limitation in enforcement matters. It is actually an advantage. Attorneys who understand how support agreements are structured, how mediated settlements are drafted, and what terms typically become contested over time are better positioned to identify the specific pressure points in an enforcement dispute. An attorney who has helped clients negotiate alimony terms understands what those terms mean, how they were intended to operate, and where ambiguities in a marital settlement agreement might be exploited or misread by a paying spouse seeking to avoid compliance.

At Sandra Bonfiglio, P.A., alimony enforcement is treated as a serious financial matter requiring careful documentation, strategic motion practice, and clear communication about what the client actually needs. The goal in enforcement is a concrete outcome: payments made, arrears collected, and the client’s financial stability restored.

Questions About Alimony Enforcement in Fort Lauderdale

What happens if my former spouse claims they cannot afford to pay?

A paying spouse’s claim of inability to pay is a defense to contempt, but it is not a blanket excuse. The court will examine whether the inability is genuine, whether it was caused by voluntary choices (such as leaving a job without cause), and whether the paying spouse has made any effort to comply partially. If inability to pay is the defense, the paying spouse typically bears the burden of proving it with financial documentation. An inability to pay may support a modification request, but it does not erase accumulated arrears.

How far back can I collect unpaid alimony in Florida?

Florida does not impose a specific statute of limitations for collecting alimony arrears under an existing court order in the same way it does for general debts, but practical recovery becomes harder as arrears age. Courts can enter judgments for unpaid support, which then accrue interest. Acting promptly limits both the total arrears owed and the difficulty of collection.

Can alimony enforcement affect the paying spouse’s professional license?

Yes. Florida law allows courts to suspend professional licenses, including licenses held by attorneys, healthcare professionals, contractors, and other licensed individuals, as a sanction for noncompliance with support orders. This is a meaningful enforcement tool, particularly for a paying spouse whose income depends on maintaining a professional license.

What if the paying spouse has moved out of Florida?

Florida courts retain jurisdiction over a Florida support order even if the paying spouse relocates. Through the Uniform Interstate Family Support Act (UIFSA), which Florida has adopted, the Florida order can be enforced in another state or registered in the new state of residence for enforcement there. This adds procedural steps, but it does not shield a paying spouse from enforcement obligations.

Is there a difference between enforcing alimony and enforcing child support?

Yes. Child support enforcement in Florida is handled in part through the Florida Department of Revenue, which can initiate collection actions administratively. Alimony enforcement does not have that same state agency backing and must be pursued through the family court system directly, typically through a private attorney filing motions on behalf of the recipient spouse.

Do I need a court order to collect alimony arrears, or can I negotiate directly?

You can attempt to negotiate directly, but any agreement you reach should be formalized through the court to be binding and enforceable. Informal side agreements about payment plans or debt forgiveness may not be honored by a court later, and they can inadvertently waive rights you did not intend to give up. Having an attorney structure any negotiated resolution as a court-approved stipulation protects your position.

What if the paying spouse remarries or their financial situation improves? Does that affect enforcement?

A paying spouse’s remarriage does not reduce or eliminate an alimony obligation (though the recipient spouse’s remarriage typically terminates most alimony awards under Florida law). If a paying spouse’s financial situation improves, that improvement does not change the existing order, but it does affect enforcement strategy, since greater income means garnishment and income deduction orders become more effective tools.

Can I collect attorney’s fees spent on alimony enforcement from the non-paying spouse?

Florida courts have the authority to award attorney’s fees in family law enforcement proceedings, particularly where the court finds that one party’s noncompliance forced the other to incur legal costs. Whether fees are awarded depends on the specific circumstances, the parties’ relative financial positions, and the court’s discretion, but it is a remedy worth raising in any enforcement proceeding.

How long does an alimony enforcement case typically take in Broward County?

The timeline varies depending on how complex the dispute is and the court’s current docket. A straightforward contempt motion where the paying spouse has no defense and the arrears are clearly documented may resolve in a few months. Cases involving contested financial records, cross-motions to modify, or a paying spouse who is difficult to serve can take considerably longer. The Broward County family court system handles a high volume of cases, and scheduling can add time even to relatively simple enforcement matters.

What is the difference between a contempt motion and a motion to enforce?

A motion to enforce generally asks the court to compel compliance with an order, such as by entering a judgment for arrears or ordering wage garnishment. A motion for contempt goes further, asking the court to find that the non-complying party willfully violated a court order, which can result in sanctions including incarceration. The choice between these tools, or the decision to pursue both, depends on the evidence of willfulness and the remedy the client most needs.

Alimony Enforcement Representation Across Fort Lauderdale and Broward County

Sandra Bonfiglio, P.A. represents clients throughout Fort Lauderdale and the surrounding Broward County communities who need enforcement assistance with existing alimony orders. The firm’s geographic reach covers clients in Wilton Manors, Oakland Park, Lauderdale Lakes, Tamarac, Margate, Coral Springs, Coconut Creek, Deerfield Beach, Pompano Beach, Lauderhill, Sunrise, Plantation, Davie, Weston, Cooper City, Miramar, Hallandale Beach, Hollywood, and Dania Beach. Whether you are based in an established Fort Lauderdale neighborhood along the New River corridor, in the coastal communities east of Federal Highway, or in the inland western suburbs of Broward County, the firm is positioned to handle your case in the Broward County family court system. For clients in the St. Augustine area and throughout St. Johns County, the firm provides the same enforcement representation through the St. Johns County court system. From beachside Fort Lauderdale communities through the heart of Broward County and north to St. Augustine, the firm handles alimony enforcement matters across the full range of Florida jurisdictions it serves.

Speak with a Fort Lauderdale Alimony Attorney About Enforcing Your Support Order

Unpaid alimony is not a private dispute you have to resolve on goodwill and patience. There are legal tools available, and a Fort Lauderdale alimony attorney at Sandra Bonfiglio, P.A. can help you use them. Whether the issue is missed payments, accumulated arrears, a paying spouse claiming hardship, or a support order that has been ignored for months, the firm is equipped to assess your situation, advise you on the most effective enforcement strategy, and file the appropriate motions in Broward County or St. Johns County court. Waiting while arrears grow larger only makes the recovery harder. Contact Sandra Bonfiglio, P.A. to schedule a consultation and discuss what enforcement options are available for your specific situation.