Articles Posted in Contempt

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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.

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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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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 may be unable to attend work, as well. If you are a divorced parent with children of that marriage, one question that may be at the forefront of your mind is… how do the current circumstances affect my timesharing schedule? You may have concerns about doing an exchange due to infection risks or because of the current governmental orders in place, but you may also have concerns about deviating from the court-ordered schedule for fear of facing a contempt of court charge later. For answers to you pressing questions about timesharing, be sure that you’re getting advice from a knowledgeable South Florida family law attorney.

An article recently published by Business Insider focused on this. The answer to this unprecedented question, as is true for so many legal matters, is… it depends. If, for example, you have primary responsibility for your children and the children’s other parent is infected with this virus, then the legal system is not going to require you to give that parent timesharing while she/he’s infected. This may be made even simpler because, if she/he’s infected, she/he probably will insist that you keep the kids until her/his period of contagiousness (and risk to the children) passes. On the other hand, if your children’s other parent isn’t infected, but her/his current partner’s coworker’s spouse is, that probably isn’t enough basis for refusing to facilitate timesharing.

One key thing to know is that there is no law that is, as lawyers call it, exactly “on point.” There is no Florida Statute or court case that says what you should do about timesharing during a global viral pandemic. However, one thing that the courts have stressed, time and again, is the importance of parents working together collaboratively in the best interests of their children.

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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 violate the terms of your MSA, there are potential consequences you can face, but the law also erects some clear limits on what the courts can do to you. Obviously, the best path is to avoid violating your MSA but, if you do, make sure you have a skilled South Florida family law attorney on your side for any contempt of court actions that ensue.

A.B. was a husband who faced contempt charges after he made that kind of error. He and his ex-wife were a divorced couple with two children. The couple had an MSA that said that each spouse was entitled to claim one child as a dependent on their federal income tax return. However, in 2017, the father claimed both kids on his return.

So, what can a court do to a spouse in situation like that? When a spouse violates the terms of an MSA, there are actually several things that can occur. It is important to recognize that, if your divorce is final and your marital settlement agreement was what the law calls “incorporated” into the final judgment of divorce, then the terms of that agreement aren’t just a binding contract, they carry the weight of an order of the court.

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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 divorce again. Others may make it to the brink of divorce, perhaps even going so far as for one spouse to file a divorce petition and for both spouses to agree to the terms of a marital settlement agreement before backing off and deciding to remain married.

If you’re in a situation like the second scenario and you eventually decide to divorce years later, what, you may wonder, should you do in terms of dealing with that old settlement agreement? The first thing you should definitely do is consult an experienced Fort Lauderdale divorce attorney to get the customized answers you need for your specific situation.

A recent case from Miami-Dade County looked into exactly that scenario of a near divorce followed by an actual divorce years later. V.T., the husband filed for divorce in 2009. In 2012, both spouses agreed to terms on a marital settlement agreement. However, the husband never pursued finalizing the divorce and the court threw out the case in 2013 after neither spouse showed up for a scheduled hearing.

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Family law cases can be emotionally intense disputes and can lead to people not following their better impulses. People, feeling the pull of powerful feelings, may make mistakes during the litigation process. Just because you’ve failed to follow those better impulses in relation to a court case, that doesn’t necessary mean that those mistakes you’ve made necessarily equate to contempt of court, though.

What’s more, anytime you’re charged with contempt, you are entitled to due process of law. Just like family law litigants and their spouses, judges are human and have the potential to make mistakes under stressful circumstances. That’s one of the many reasons why you need to be sure you have a skilled South Florida family law attorney on your side: to be sure you are protected against an improper contempt citation.

Timothy and Jesica were two parents involved in just such a contentious case, which was a custody matter. The judge ordered the parents to keep “the case off social media and to prevent family members from publishing information about the custody action on social media.”

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