Legal Question in Family Law in Florida

Re: exclusive use of marital home

Your ex will not be in contempt until the kids are 18 and graduated from the facts you provided so I think it is premature at this stage to contact an attorney to hold her in contempt and force her to comply with the terms of the agreement until such time as your daughter is 18 and has graduated. I would send her a letter via certified mail about three months before your daughter turns 18 and/or graduates and advise her of your intention to proceed with litigation on a Motion for Contempt if in fact she is unwilling to resolve this matter with you informally. Making a good faith effort to resolve the matter prior to filing a Motion for Contempt is always helpful. Since litigation can be so costly you may want to recommend to her that she select a private mediator that you both can sit down with for an hour or two in an attempt to resolve this matter without the necessity of further litigation. You could include that offer in your letter to her and offer to pay for same in full to expedite the matter.

Re: exclusive use of marital home

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You should not take any action until the younger child reaches the age of majority. Courts will often extend the time for the wife to remain in the residence until the child graduates from high school even if over 18.

Scott R. Jay, Esq.