Contempt:

The definition of contempt is a refusal to obey a legal order, mandate or decree. It is also an act tending to embarrass, hinder or obstruct court in the administration of justice or to lessen its authority or dignity. Florida courts have the power to protect themselves against individuals who disregard its authority or disobey its orders. Individuals include any person before the court, which means parties to the litigation, witnesses, and attorneys.

There are two kinds of contempt: civil and criminal. Civil contempt is remedial and is used to coerce a party into complying with a court order. If the obligor is not paying child support, alimony or attorney’s fees and costs and the court finds that there is a willful disregard for the court’s order and that the obligor has the present ability to pay, incarceration may be appropriate until such time as the contemnor purges and pays the money that is owed to you.

Criminal contempt is used to punish a party for his or her failure to comply with a court order. Criminal contempt can be direct and indirect contempt. Direct contempt is a contemptuous act that is committed in the immediate presence of the court. Indirect contempt is an act committed outside the court’s presence.

If you are not receiving your child support, alimony or attorney’s fees and costs, attorney Sandy T. Fox, P.A. can ask the court to find the payor in criminal or civil contempt of court.

Enforcement:

Florida courts retain jurisdiction over matters they have previously adjudicated. This means that after a court delivers a final judgment regarding the issue or issues before it, the court has the ability to enforce its ruling if one of the party’s violates the order or judgment.

In family law matters most often times a party violates an order requiring him or her to make support payments or comply with the equitable distribution of a final judgment of dissolution of marriage. In order to enforce and order or judgment the Florida courts have the ability to enter a monetary judgment for vested arrearages, garnish the violator’s wages, place a lien on the violator’s property and to suspend a violator’s professional and/or driver’s licenses.

If you are owed alimony, child support or have not been paid what you are owed for the equitable distribution of your assets and liabilities, attorney Sandy T. Fox will discuss the most appropriate enforcement plan in order to ensure compliance with the judgment or order entered in your case.