Articles Posted in Contempt

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Courts can use civil contempt to enforce support orders, but incarceration is lawful as a coercive measure only when the person has a present way to comply. A recent Florida decision reversed a contempt order because it did not identify any specific funds available to satisfy the purge amount. The ruling illustrates the difference between a finding that support was unpaid and the separate proof needed before a court may jail someone for nonpayment. If you face support enforcement or contempt proceedings, a Miami child support attorney can help you understand the financial evidence and procedural protections at issue.

Facts and Procedural History

Reportedly, the parties married in 2020 and had a child. During their divorce, the trial court entered a temporary support order in February 2025 after finding that the husband had substantial monthly income. The order required temporary support, current child support, and payments toward arrears. After the wife asserted that he failed to comply, the court entered an initial contempt order and required a payment of $12,852 to avoid incarceration.

Allegedly, the wife later filed another contempt motion, stating that the husband had made one payment but missed further obligations. After an August hearing, the court set a purge amount exceeding $65,000. An amended September order found that the husband had the present ability to pay, questioned his credibility, and directed him to surrender if he did not pay. He was jailed, later released, and then jailed again following another hearing. His forensic accountant testified that his income and accessible assets could not cover the purge, while the wife offered no witnesses at that hearing. The husband appealed several orders, but later trial court action left only the amended September contempt order for appellate review. Continue reading ›

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Child support rulings can reshape a parent’s financial future overnight, but when courts impose obligations without clearly establishing the ability to pay, those rulings may not withstand scrutiny. Florida law requires precise findings to support both child support awards and enforcement measures such as contempt, ensuring that financial obligations remain fair, enforceable, and grounded in reality. A recent Florida opinion demonstrates how overlooking these requirements can unravel key portions of a family law judgment and force further proceedings. If you are involved in a child support dispute or facing enforcement actions in South Florida, speaking with a Miami family law attorney can help you protect your rights and secure a legally sound outcome.

Case Setting

Allegedly, the father initiated appellate proceedings after the trial court entered a final judgment addressing paternity, time-sharing, and child support obligations. The trial court’s order required the father to pay ongoing child support as well as retroactive support, but the judgment did not include specific findings regarding the father’s present ability to pay those amounts.

It is alleged that the trial court also imposed an obligation requiring the father to pay a percentage of the child’s extracurricular activity expenses. The provision allowed the respondent to enroll the child in activities without requiring mutual agreement, potentially exposing the father to open-ended financial responsibility regardless of his financial circumstances.

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In Florida, contempt proceedings in domestic violence matters must follow strict procedural safeguards, especially when the court seeks to impose criminal sanctions. The distinction between civil and criminal contempt is not merely academic; it determines the type of relief available, the rights afforded to the accused, and the procedural rules the court must follow. A recent decision from a Florida court illustrates how a trial court’s failure to observe these safeguards can result in reversal. If you are facing contempt proceedings in a Florida family court, consulting a Miami family law attorney is essential to protecting your rights and ensuring compliance with the law.

History of the Case

It is reported that the trial court found the daughter in indirect criminal contempt and imposed a jail sentence after she allegedly violated an injunction for protection against domestic violence in favor of her mother. The trial court’s contempt finding arose from a motion filed by the mother, and the court held a hearing to determine whether the daughter should be held in contempt. The resulting order did not include a purge provision, thereby rendering the contempt finding criminal rather than civil in nature.

It is alleged that the trial court issued an order to show cause regarding the alleged contempt, but the order failed to include a statement of the essential facts constituting the contempt charge. Instead, the order only specified the time and place of the hearing and attached the motion for contempt without incorporating a sworn affidavit or outlining the factual basis of the alleged contempt. The daughter challenged the contempt finding on appeal, asserting that the trial court failed to comply with the procedural requirements of Florida Rule of Criminal Procedure 3.840. Continue reading ›

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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 the merger doctrine and procedural rules in family law cases was illustrated in a recent Florida divorce action. If you are involved in a divorce or support enforcement matter, consulting a Miami family law attorney can help protect your rights and ensure compliance with the law.

Facts of the Case and Procedural Setting

It is reported that the husband and wife divorced. The trial court subsequently issued temporary support orders requiring the husband to pay monthly expenses for the wife and their minor child. When the husband failed to comply, the court entered multiple contempt orders and money judgments. After the partial final judgment was entered, the husband moved to vacate the prior support and enforcement orders, arguing they were extinguished by the merger doctrine. The trial court agreed, holding that the temporary support orders merged into the partial final judgment and became unenforceable. The wife then appealed.

The Merger Doctrine in Family Law Cases

On appeal, the wife argued that the trial court erred by applying the merger doctrine to extinguish the temporary support orders and judgments, as the partial final judgment explicitly reserved jurisdiction over support and financial matters. The court agreed with the wife, holding that the merger doctrine did not apply to the unresolved issues of support and enforcement. Continue reading ›

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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 other things after the children turn eighteen. If they do, they will generally be held to the terms of such agreements, as discussed in a recent Florida child support case in which the parties disagreed over whether a marital settlement agreement obligations both parents to contribute to their child’s college fund. If you have questions about how you can protect your rights and assets in a dissolution proceeding, it is advisable to meet with a skilled Miami divorce lawyer to assess your options.

Case Setting

It is reported that the husband and the wife divorced; as part of their dissolution proceedings, they entered into a marital settlement agreement. According to their marital settlement agreement, both parties were required to contribute $500 per month to a 529 college savings plan for their child, starting after the termination of the wife’s alimony.

Allegedly, after receiving an inheritance, the wife prepaid her share of contributions, leading to an addendum in the marital settlement agreement that absolved her from making further payments. However, the husband contributed less than $500 per month to a Florida Prepaid College Fund instead of the 529 plan. The wife sought to hold him in contempt for failing to meet the agreed contribution amount. The trial court denied her motion, and she appealed.

Continue reading ›

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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, they may be held in contempt of court. As discussed in a recent Florida divorce case, overturning a contempt finding can be challenging. If you want to obtain a divorce, it is wise to confer with a Miami divorce lawyer to evaluate your options.

Procedural and Factual Setting

It is reported that the husband and the wife were involved in an ongoing divorce case. The wife filed two contempt motions against the husband; one of these motions was granted by the trial court. The contempt order the court granted arose from the husband allegedly canceling a credit card that the wife had access to due to her employment with their jointly-owned business. The husband then sought certiorari relief, arguing that the trial court couldn’t consider the credit card issue as it belonged to the business, a non-party to the case.

Certiorari Relief in Divorce Actions

On appeal, the court first explained the principles surrounding certiorari jurisdiction, emphasizing its extraordinary nature and limited application. Specifically, the court noted that certiorari is considered only when there is a departure from the essential requirements of the law and when irreparable harm, not correctable on post-judgment appeal, is demonstrated. The court underscored the importance of a “jurisdictional evaluation” focused on irreparable harm before certiorari can be used for reviewing non-final orders, aiming to discourage piecemeal review. Continue reading ›

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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 a recent Florida case in which the court affirmed a contempt ruling against a party that paid child support via unauthorized means, strict compliance is often required. If you are considering filing for divorce and you have minor children, you should consult a Miami child support attorney to determine your potential rights and obligations.

Case Background

It is alleged that the husband and the wife divorced; during their dissolution proceedings, they entered into a settlement agreement that required the husband to channel his child support payments through the state disbursement unit. However, following a motion for contempt and enforcement by the wife, a court order decreed that the husband would only receive credit for payments made through the disbursement unit.

It is reported that despite this, the husband persisted in making direct payments directly to his ex-spouse. This recalcitrant behavior prompted another motion for contempt/enforcement by the wife, culminating in a subsequent order that denied the husband credit for the direct payments and imposed a $33,000 purge. The husband then appealed. Continue reading ›

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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 other has the ability to pay. If a court orders a party to pay attorneys’ fees without conducting the necessary analysis, the order may be reversed, as demonstrated in a recent Florida ruling issued in a divorce action. If you are considering seeking a divorce, it is wise to meet with a Miami divorce attorney to determine your options.

Procedural Setting of the Case

It is alleged that the husband and the wife divorced in 2009. In 2020, the husband filed a modification petition and accused the wife of not repaying a loan, prompting both parties to accuse each other of contempt. The court rejected the husband’s modification petition, granted his contempt claim, and denied the wife’s contempt claim. The wife, representing herself, appealed this decision, and the husband cross-appealed. The appeals court upheld the contempt rulings but dismissed the appeal regarding fees.

It is reported that the husband then sought and was awarded attorney’s fees for contempt and the previous appeal. The order incorrectly referenced a non-existent rule regarding the ability to award fees for contempt, however. There were also mathematical errors in the calculations of fees, and some statements were directly copied from the husband’s proposed order. The court’s order mentioned the wife’s financial situation, questioned her credibility, and ordered her to pay. The court did not discuss the husband’s financial situation. Continue reading ›

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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 Florida child support case, however, the courts generally will not hold a party in contempt unless they find they willfully disregarded a court order. If you are involved in a dispute over child support, it is smart to talk to a Miami child support lawyer about your options.

Facts and Procedural History

It is reported that in 2017, a magistrate entered a report and recommendations to establish paternity and parental responsibility for a minor child, including a parenting plan and child support obligations. Among other things, the plan required the father to pay 70% of the child’s educational expenses and 50% of the cost of the child’s extracurricular activities. In 2018, the mother filed a motion for contempt and enforcement, alleging that the father failed to pay extracurricular expenses and private school tuition. The parties returned to court in 2019, and the magistrate determined that the father was not obligated to pay for private school tuition as an “educational” expense and that the father was not in contempt for extracurricular activity expenses. The mother dismissed her objections to the magistrate’s report and recommendations.

Allegedly, in 2020, the mother filed an amended motion for contempt, alleging that the father failed to pay child support and various expenses owed under the original final judgment and a subsequent stipulated order. Specifically, the mother alleged that the father was in contempt for failing to pay 70% of the tutoring expenses. The trial court conducted a hearing where it was established that the tutoring was provided by a privately-owned tutoring company that offered after-school educational programs. The court found the father in contempt for failing to pay his share of tutoring expenses, which the court concluded were educational expenses. The court also ordered the father to pay for the mother’s attorney’s fees and costs. The father appealed. Continue reading ›

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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, which is affecting more and more ex-spouses who are under court orders to pay alimony. If your court-ordered amount is more than you can pay or is otherwise unreasonable, then you should reach out as soon as possible to an experienced South Florida family law attorney so that your attorney can begin working on getting your alimony obligation modified.

Simply allowing yourself to fall behind on alimony is almost never the right answer, and can come with some serious consequences. However, even if you have made the mistake of racking up an alimony arrearage, failure to pay does not mean that you are without any rights. You are still entitled to certain legal protections and there are still certain processes and procedures the court must go through before administering certain penalties.

As an example, we can look at a recent alimony case from Broward County. That husband owed alimony to his ex-wife in excess of $600,000, and the wife filed a motion to find the husband in contempt.

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