Contempt and Enforcement Actions
Contempt and Enforcement are filed in a family law case when one of the spouses refuses or does not comply with one or more enforceable court orders. These include violations of child custody, child support, property division, or spousal support, amongst various other matters. Then again there are confusions that arise. Usually an individual can be held in contempt when they do not pay spousal or child support, or if they violate court orders. Enforcement is used to ask the Court’s assistance to obtain justice or relief from the violation. An attorney can help you when you’re at either end of the rope, whether you are the one who is facing contempt of court charges from alleged violations or you are enforcing contempt charges on your spouse.
Contempt of Court
Contempt is filed under family law when one of the parties has failed to pay support. If the contempt findings are validated then the other party may have to pay a fine or may even be imprisoned. For a person to be found in contempt of court, a Court order violation must be found, and it should be proven that the violation was intentional or willful. Following this, the alleged individual should be notified of a hearing via notice, and be informed that they are susceptible to incarceration in the event that the contempt findings are reviewed to be true. Orders that are applicable for punishment by contempt of court include those under:
Child supportSpousal supportChild custodyChild visitationSplitting community assetsEqualization payments
Motion for Enforcement
Once the court delivers it judgment of a case, it has the right to enforce ruling in the event that the judgement’s order has been violated. The court may use varied means to enforce the judgment or an order. The court can use enforcement actions like:
Garnishing wages of the accusedSeize bank accountsProperty liensDeny passport applicationsRestrict drivers’ license
The importance of taking action
In many cases, taking an initiative to enforce the order can help prevent a situations from elevating. Some individuals endure misery for no reason, without enforcing an action against it. This could be any situation from a spouse enduring poverty because she doesn’t receive her due support allowance or one where a parent is not able to visit the children. The longer such people take to initiate the first step and have the enforcement come into effect, the longer they have to wait for justice to be served. Same goes with parties who have been allegedly charged of contempt. When you are accused of contempt it is seen in the same light as criminal offenses, meaning you are liable to imprisonment or fines of the charges are found to be true. Since enforcement and contempt are complicated legal issues, it is a good move to seek the assistance of an attorney when you’re faced with the same. This way, they can discuss an optimal strategy to help your case.
If you have any questions about Florida contempt and enforcement actions or would like to speak to us about your options, please contact us at (813) 518-7411. We represent clients during stressful and difficult times in their lives. We are empathetic, responsive, and push for a quick resolution. We look forward to helping you resolve your issue quickly, fairly, and in a way that will help you to return to the stable, predictable life that you deserve.