CONTEMPT
Contempt and Enforcement of Custody, Child Support & Alimony Orders in Florida
Court orders and final judgments covering time-sharing, visitation, support and other divorce issues have the force of the law behind them. Except in very extreme circumstances, parties must adhere closely to the terms of their orders, or they could be found in contempt of court. Unfortunately, parties are not always willing or able to comply, so it becomes necessary either to enforce or modify the order.
What is meant by Contempt of Court in Florida?
The Florida Supreme Court defined contempt as “Any act which is calculated to embarrass, hinder, or obstruct the court in the administration of justice, or which is calculated to lessen its authority or its dignity.” Per that ruling, contempt can be direct, meaning that the act is committed in court or in the presence of an acting judge, or indirect, meaning that it occurs outside the confines of the court but nevertheless hinders the court’s administration of justice.
Florida law also divides contempt of court into criminal and civil offenses. The purpose of the proceeding is to determine whether the accused person is liable civilly and, if so, to impose remedies that compel the party to “purge the contempt” by complying with the court order.
In family law matters, the aggrieved party seeks a finding of civil contempt against the party who is out of compliance with the court order. The court examines the facts to see if the three elements necessary for contempt are present:
- A valid court order exists clearly defining an obligation.
- The accused party has the ability to comply with the order.
- The accused party has willfully refused to comply with the order.
If the evidence proves contempt, the court imposes sanctions. However, since contempt is a willful act, a party who does not have the ability to fulfill the terms of an order cannot be found in contempt.
Once the judge has a party in court for a civil contempt hearing, the judge can initiate criminal contempt proceedings if the party’s actions warrant.
Filing a Motion of Civil Contempt in Florida
To enforce a prior court order or final judgment for time-sharing (child custody and visitation), child support or alimony, you may file a Motion for Civil Contempt/Enforcement. In the motion, you must explain what the other party has failed to do, such as having denied access to your child during scheduled parenting time or having failed to pay child support.
Along with filing the motion with the county court where your case is being handled, you must arrange for service of process on the other party. This puts the party on notice that you are taking legal action.
After you file the Motion for Civil Contempt/ Enforcement, the court sets a hearing date. Once you know the time and date of the hearing, you must again serve notice on the other party. At the hearing, you have the burden of proving that the other party has not obeyed the court order or final judgment, and the other party has the opportunity to show compliance with the order or an inability to comply. If the judge finds the other party in contempt, the judge may order appropriate sanctions to compel compliance, such as:
- Jail time
- Payment of attorney fees and court costs
- Coercive or compensatory fines
- Any other relief permitted by law
Enforcement Tools Available for Recovering Child Support Payments in Florida
It is the law in Florida that every child has the right to financial support from both parents until the age of 18 and that child support must be paid on time and in the full amount. If a parent is not complying with a child support order, the Florida Child Support Enforcement Program uses many tools to ensure payment. These include:
- Garnishing income
- Suspension of driver license and registration
- Suspension of business, professional and recreational licenses
- Interception or seizure of assets
- Liens
- Contempt of court
- Arrest warrants
EZ Affordable Attorneys help clients interface with the Florida Child Support Enforcement Program to ensure that child support enforcement is handled appropriately. We also help parents who have been hit with sanctions.