Contempt & Enforcement Actions
Enforcement of Family Court Orders and Contempt Proceedings
Enforcement of a Family Court Order
Regardless of whether a party agrees with the terms of a family court order, they are required to comply with it; failure to do so can result in serious consequences. If someone needs to enforce a family law order, they can file a motion for enforcement and contempt against the non-compliant party. The court will schedule a hearing where both sides can present their evidence. The person bringing the motion must demonstrate that the other party did not comply with the order. If successful, the non-compliant party must prove they were unable to comply. If the court determines that the responding party was capable but unwilling to follow the order—whether it involves child support, alimony, time-sharing, or parental responsibility—it may find them in contempt. In such cases, the court can impose various sanctions, including fines, legal fees, costs, and even jail time, to ensure compliance with the order.
Contempt
Contempt occurs when a party has the ability to comply with a court order but deliberately refuses to do so. In Florida, there are two types of contempt: civil contempt and criminal contempt.
Criminal contempt is used to punish a party for failing to comply with a court order, while civil contempt is intended to compel compliance with an existing court order.
Each type of contempt follows distinct procedures and notice requirements, governed by the Florida Family Law Rules of Procedure and Florida Criminal Procedure Laws.
Civil contempt is more commonly used in family law and post-judgment cases.
A party can be found in either direct or indirect civil contempt. Direct civil contempt occurs in the immediate presence of the court—such as in the courtroom before a judge. If the judge finds direct civil contempt, the offender may be immediately punished with imprisonment or a fine. Indirect civil contempt happens outside of the judge’s presence, and a party cannot be found in indirect civil contempt without proper notice of the alleged contempt and an opportunity to respond. Additionally, the court order must be specific and clear about the actions that have not been followed. The alleged contemnor must have violated the order in a clear and obvious way before indirect civil contempt can be established.
An indirect civil contempt action begins when one party files a motion against another, typically a former spouse or the other parent for not complying with a final judgment or court order. For example, if your ex-spouse or the other parent is not paying alimony or child support or failing to adhere to the time-sharing schedule or parenting plan, and has the ability to do so, you can file a motion for contempt. The moving party has the right to obtain discovery, including financial information, to assess the other party’s ability to comply. If the non-complying party is found in indirect civil contempt, the court may require them to “purge” the contempt by paying a specified amount by a certain date. The court can also impose sanctions, including jail time, if the party fails to meet the purge requirements.
It’s important to note that civil contempt actions have strict procedural and notice requirements. The court cannot issue a contempt order without giving the alleged contemnor proper notice and an opportunity to be heard. Contempt can be a useful tool to ensure the opposing party complies with a settlement agreement, final judgment, or court order. However, it’s important to consult with an attorney to determine if filing a contempt motion is appropriate, as it’s not always the right remedy in every situation. For instance, a party cannot be held in contempt for failing to comply with terms related to equitable distribution in a settlement agreement.