My ex-spouse was ordered to pay me an amount within 45 days. He didn’t. What do I do now?

Asked in Madison, FL Last answered on November 5, 2026

He didn’t show up to the final hearing. I know he received a copy of the final decree, but he is ignoring the judge’s order just like he has the entire divorce. I had to move to FL, and it’s impossible for me to personally or physically serve him with any motion I can file. Plus, I’m not sure if I should mail him a copy of my contempt of court or wait until it’s been accepted. I’ve got some funds set aside for this new battle, but I am unemployed and have no way of keeping a job. I may have to do this myself, the same way I got the QDRO and found out the 401 (k) account doesn’t exist. He violated the mutual restraining order and spent a little over half of the 401 (k), and was ordered by the judge to replenish the funds, but there was no way for me to learn if he obeyed that court order. And I had an attorney then. He also didn’t show up for that hearing either. Any help or advice, based on your knowledge or experience, that you can provide would be greatly appreciated.

1 answer

Kimberly Houndji
Answered by:

Kimberly Houndji

St. Petersburg, FL
Houndji Law, PLLC 727-888-0285
Free Consultation
Answer

In Florida, the appropriate method of enforcing an unpaid financial obligation depends on whether the payment constitutes alimony or child support, or arises from property division or another nonsupport debt. Unpaid support may be enforced through a properly noticed motion for civil contempt or enforcement, provided the moving party establishes the existing court order, nonpayment, and the obligor’s willful failure to comply. The court must also determine that the obligor has the present ability to pay or satisfy any purge condition before imposing coercive sanctions, including incarceration.  Available remedies may include judgments for arrears, income-deduction orders, wage garnishment, employment-related requirements, attorney’s fees, costs, and appropriate compensatory or coercive sanctions. A compensatory contempt fine must be supported by evidence of actual financial loss, and any sanction requiring compliance to avoid or end punishment must include a lawful purge provision.  A creditor may also pursue proceedings supplementary to identify and reach nonexempt assets or obligations available to satisfy an outstanding judgment. By contrast, obligations arising solely from equitable distribution, property division, or payment of third-party debts generally cannot be enforced through civil contempt but may be pursued through money judgments and other collection procedures. Accordingly, identifying the nature of the unpaid obligation is essential to selecting the appropriate enforcement remedy under Florida law.

November 5, 2026

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