Winter Park Contempt & Enforcement Attorney
Winter Park Family Law Attorneys Helping Florida Residents with Contempt and Enforcement Actions
Florida family law judges will issue orders, and parties are expected to follow them. The order might be anything from approving a property settlement agreement to an award for alimony in a divorce. When someone doesn’t comply with a judge’s order, it can have severe and adverse consequences.
There are some situations where the non-complying party has a legitimate reason for not obeying the court order. In these instances, you need a skilled Winter Park contempt & enforcement attorney who can assist. At Greater Orlando Family Law, our team of attorneys understand how this process works and are here to prepare your defense against a contempt action.
Other situations involve the need for an enforcement action, like when a spouse does not pay child support or alimony like they are ordered to. Our Winter Park family law attorneys can also help with pursuing an enforcement action to collect past-due spousal support or child support payments.
Types of Contempt and Enforcement Actions Greater Orlando Family Law Handles for Winter Park Clients
Our Winter Park attorneys have handled a number of different types of cases that involve contempt and enforcement actions. Some of these can include:
- Time-sharing obligations in regard to custody
- Child support orders
- Parental responsibility obligations
- Alimony orders
What is Considered Contempt Under Florida Law?
Contempt is one method for the courts to enforce a previously issued order. Florida law defines contempt as any action that is calculated to hinder, embarrass, or obstruct the court in administering justice, or it is an act which is calculated to lessen its dignity or authority. Florida considers contempt in both criminal and civil cases. If there is a family law matter that results in contempt, it’s a civil proceeding. In these situations, civil contempt is one method to force a party to comply with a prior family court order.
In order for contempt to apply, the following conditions must be met:
- There must be a court order;
- The court order must define what the obligations are of the other party for whom the contempt order is sought;
- The other party can comply with the court order; and
- That party intentionally, or willfully, did not comply with the original court order.
If the court finds the other party to be in contempt, it has the option to impose compliance on them. If the other party had a legitimate reason they could not comply with the original court order, there would not be a finding of contempt.
Filing for an Enforcement Order in Florida
If you want to proceed with an enforcement action, you will file a Motion for Civil Contempt/Enforcement. The court will set a hearing date and you’ll need to provide proof of the aforementioned items that demonstrate that the other party purposely did not abide by the terms of the original court order. After the motion, the judge may charge fines, require them to pay court costs and legal fees, or impose other legal forms of relief. In some cases, the judge may even order jail time.
Contact a Winter Park Contempt & Enforcement Attorney
If you need assistance with enforcing an alimony, child support, or child custody order, let the Winter Park family law attorneys at Greater Orlando Family Law help. Call our office today to schedule an initial consultation.