Orlando Contempt & Enforcement Attorney
Orlando Family Law Attorneys Assisting Clients with Contempt and Enforcement Actions
Family law court orders cover many different issues, including child custody matters and financial support obligations. When one of the parties does not comply with the terms of a family law court order, many people can be adversely affected. In some cases, the party who does not comply has a good reason for doing so and needs assistance defending against contempt actions. In other scenarios, one or more of the parties affected may need to seek enforcement actions.
If your divorce was finalized recently and you have a court order for child support, child custody, or alimony, we know how important it is that your ex-spouse uphold his or her obligation to abide by the court order. Likewise, if you are facing a contempt action and need assistance, an experienced Orlando contempt & enforcement attorney at our firm can assist you.
Types of Contempt and Enforcement Matters We Handle for Orlando Clients
The family law attorneys at Greater Orlando Family Law handle many different types of cases involving civil contempt and enforcement, including but not limited to:
- Parental responsibility obligations;
- Time-sharing obligations with regard to residential custody;
- Alimony order; and
- Child support order.
What is Contempt Under Florida Law?
Contempt is one way to enforce a court order. Contempt under Florida law is defined 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 dignity.” In the state of Florida, contempt can occur both civilly and criminally. Family law issues that result in contempt are civil proceedings. In such cases, civil contempt is a way to force a party to comply with a family law court order.
For contempt, there must be a showing of the following:
- Court order exists;
- Court order defines the obligations of the party against whom contempt is sought;
- That party is able to comply with the court order; and
- That party willfully did not comply with the court order.
When a party is found to be in contempt, one of the remedies the court can impose is compliance with the court order. In cases where a party did not have the ability to comply with the court order, or did not willfully disobey the court order, there cannot be a finding of contempt.
Filing a Motion for Civil Contempt/Enforcement in Orlando
If the other party—your ex-spouse or your child’s other parent—is not complying with a family law court order, you may be able to file a Motion for Civil Contempt/Enforcement. Once you file the Motion, the court will set a date for a hearing. You will need to prove the elements listed above, showing that the other party willfully refused to comply with the court order.
In a case where the court determines that the other party is in contempt, it can take numerous steps to ensure that the other party complies with the terms of the court order, including but not limited to:
- Charging fines;
- Requiring the party to pay attorney’s fees;
- Requiring the party to pay court costs;
- Jail; and
- Other forms of relief appropriate under Florida law.
Contact an Orlando Contempt & Enforcement Attorney
If you have a family law court order for child custody, child support, or alimony and the responsible party is not making payments, you may be able to use contempt of court or other enforcement methods. An experienced Orlando family law attorney can assist with your case. Contact Greater Orlando Family Law today.