Under Florida law, issues related to the enforcement of temporary support orders during divorce proceedings must adhere to the principles of finality and jurisdiction. Courts must carefully navigate procedural rules to ensure compliance with interlocutory and final judgments, avoiding errors that could render orders unenforceable. The importance of correctly applying…
Articles Posted in Contempt
Florida Court Discusses Modifications of Marital Settlement Agreements.
Although Florida law anticipates that parents will provide financial support for their children, the obligation to do so typically ends when the children reach the age of majority. Parties are free to enter into agreements that enlarge their responsibilities, however, and dictate that they will provide support for education or…
Florida Court Discusses Certiorari Relief in Divorce Actions
Divorce actions are often contentious, and it is not uncommon for a Florida court to issue an order in a divorce proceeding that prevents a party from taking intentional or inadvertent actions that harm the other party’s interests. If a person fails to comply with the terms of such order,…
Florida Court Discusses Contempt Penalties in Child Support Cases
In divorce actions involving children, it is not uncommon for the parties to come to an agreement regarding custody and child support. In most instances, such agreements are enforceable, and a party that fails to abide by the terms of their agreement may be held in contempt. As discussed in…
Florida Court Explains Grounds for Ordering a Party to Pay Attorneys’ Fees in Divorce Cases
Generally, in family law cases, parties are required to pay their own attorneys’ fees. There are exceptions, however, where the court will order one party to pay another’s counsel. Generally, though, such orders are only issued as sanctions for vexatious litigation or when one party has a need and the…
Court Explain Grounds for Contempt Findings in Florida Family Law Cases
Co-parents frequently disagree as to how parental rights and obligations should be divided. Thus, the courts will typically issue orders delineating each parent’s duties. If a party fails to uphold the terms of a child custody or support order, they may be found in contempt. As discussed in a recent…
What Florida Law Requires the Courts to Do Before Punishing Spouses for Not Paying Their Alimony
If you have a court order that obligates you to pay a reasonable amount of alimony to your ex-spouse and you’re capable of paying it, then the best thing you can do is… pay it. Of course, life isn’t always that simple, especially in this time of coronavirus-fueled economic instability,…
Shared Parental Responsibility and Timesharing in Florida in this Time of COVID-19 Pandemic
The current pandemic caused by COVID-19 (a/k/a novel coronavirus) has upset almost everyone’s routines. Miami, Miami Beach and many others in South Florida were, as of March 25, under a “shelter in place” or “safer at home” order. Businesses are closed, churches are closed, schools are closed, and many parents…
I Violated My Marital Settlement Agreement and and Am Facing a Contempt Hearing in Florida. What Penalties May I Face?
When your marriage breaks down and divorce ensues, there are several issues you and your spouse have to work out. To resolve some or all of these, you and your spouse may sign a marital settlement agreement (MSA). If you, at some point after your divorce is finalized, happen to…
When You Can — and Can’t — Be Held in Contempt in Florida for Failing to Comply With the Terms of an Old Marital Settlement Agreement
Many years ago, Frank Sinatra sang that “Love is lovelier the second time around.” For some, though, that isn’t true. There’s a reason that the couple broke up the first time – and those problems eventually doom the relationship the second time around. Some couples may divorce and remarry and…