Articles Posted in Contempt

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A Miami-Dade judge has refused to recuse herself in a heated Florida custody dispute between two prominent attorneys, despite her alleged ties to the law firm representing the former wife. The spouses divorced in 2005 after seven years of marriage. At the time of their divorce, the couple reportedly agreed to share equal custody of their two sons. Since then, the ex-wife has accused the ex-husband of violating provisions in the former couple’s divorce agreement by repeatedly calling her names in emails. She has asked Judge Maria Espinosa Dennis to hold him in contempt and amend the custody agreement.

According to Florida election records, the law firm at which the former wife’s attorney is employed donated $500 to Judge Espinosa Dennis’ re-election campaign on November 15th. The day before, the firm also co-sponsored a fundraiser for Espinosa Dennis at a restaurant in South Miami. The former husband filed a motion asking Judge Espinosa Dennis to recuse herself on November 1st after invitations to the re-election fundraiser were distributed. Judge Espinosa Dennis denied his request and he appealed to Florida’s Third District Court of Appeal. He purportedly feels he will be unable to receive a fair hearing before the lower court judge.

The ex-wife’s law firm is also seeking an award of approximately $100,000 in costs and attorney’s fees against the ex-husband. Her appellate attorney has stated that the former husband’s recusal argument has no merit and is legally indefensible. According to the ex-wife’s lawyer, the ex-wife’s law firm took no substantive part in the re-election fundraiser and only attended the event. He also said that the Florida Judicial Ethics Advisory Committee only requires a judge to analyze an attorney’s campaign involvement when faced with a recusal request. No employee at the law firm is on Judge Espinosa Dennis’ campaign committee.

Although the former husband claims Judge Espinosa Dennis had an obligation to disclose the law firm’s fundraising efforts as a possible conflict of interest, the former wife’s attorney argues that the ex-husband is merely upset with the judge’s prior rulings against him. He also alleges that the ex-husband has continued litigation for more than two years in an attempt to drain his ex-wife’s financial resources. The former husband’s attorney stated the judge’s decision to continue to preside over the case is insensitive and fails to take into account how any reasonable individual would react given the situation.

Custody arrangements in Florida are referred to as time-sharing plans. A time-sharing plan will specify the amount of time a child will spend with each parent each week. The plan will also specify where children will spend overnights and holidays. If a child’s parents are unable to agree on a time-sharing schedule, the court will set a schedule for them. A court ordered time-sharing plan will take into account statutory factors such as the child’s preference and any instances of abuse or violence. In order to modify a time-sharing plan, Florida law requires the parent seeking modification to show substantially changed circumstances.
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Last month, a Hillsborough County Circuit judge ordered the arrest of a successful Tampa area businessman, after he was found guilty of five counts of criminal contempt of court for failure to pay his child support and alimony obligations. The man reportedly failed to attend the contempt hearing where Judge Caroline Tesche sentenced him to almost six months in jail for repeatedly refusing to pay more than $6 million in alimony and child support.

The man’s ex-wife initiated divorce proceedings in 2009 and the former couple reached a final settlement agreement in July 2011. Although the couple has a 12-year-old son together, she stated her former husband has not supported them for several years. According to her attorney, the man now owes his ex-wife $10 million.

The man in this case is reportedly a decorated Vietnam veteran, a former president of a company, and previously ran a building materials business which allegedly reported profits of more than $4 million per month at its height. At one point, he reportedly owned a mansion and regularly drove several high end sports cars. Now, the man claims he is financially insolvent. In fact, he allegedly filed for bankruptcy just three days prior to the contempt hearing. Still, Judge Tesche believes the father has the ability to pay.

This man reportedly owns stock in several large companies as well as other assets. His attorney has argued that the man’s hands are tied as the former couple’s settlement agreement prohibits him from selling his stock in order to generate cash. He also claims the man is unable to liquidate any of his assets and lives off of loans and a small monthly Department of Veterans Affairs disability check.

According to the former wife, her ex-husband has the money and is merely hiding millions of dollars in assets from her. In November 2010, he spent more than two weeks in jail for refusing to produce documents during the couple’s divorce proceedings. When he filed for bankruptcy, the man reportedly estimated his assets as being in the range of $100 to $500 million and his liabilities at no more than $50 million. To further complicate the case, the Internal Revenue Service is also allegedly performing a criminal investigation into his affairs. His attorney has stated he is not aware of the man’s current location.

Each year many Florida residents find themselves in the midst of a less than amicable divorce. Understandably, the host of emotions associated with the end of a marriage can be overwhelming. The financial damage can oftentimes make a bad situation even worse. If you are contemplating divorce, you need an experienced family law attorney to help you protect your financial interests.
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The purpose of civil contempt is to obtain compliance with a child support, alimony or general court order and can only be used when the contemnor has the ability to comply.

First, your divorce lawyer in Fort Lauderdale must have the court determine whether the defaulting party has willfully violated the court order. Next, the court must determine the appropriate remedial measure. If the Florida marital and family law judge orders that the contemnor is to be jailed, the court must make a specific finding that he or she has the present ability to pay the purge.

In Aburos v Aburos, the former husband appealed an order finding him in indirect civil contempt and requiring him to be incarcerated which was entered by Miami divorce court Judge Amy Steele Donner for failing to pay the former wife alimony and child support pursuant to the Final Judgment of Dissolution of Marriage. Specifically, the former wife asked the trial court to find the former husband in contempt of court for his failure to pay $1,700 per month for permanent periodic alimony and $1,693 per month in child support.

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You may be required to hire a Fort Lauderdale divorce lawyer to enforce your child support award through civil contempt. Civil contempt sanctions are utilized by the marital and family law court to compel compliance with a court order and used to compensate the moving party for losses sustained by the contemnor’s willful failure to comply with a divorce court order or judgment that requires him or her to pay child support.

One of the sanctions that a Fort Lauderdale divorce attorney may request is to revoke a delinquent obligors drivers license and motor vehicle registration as a sanction in order to compel payment of your child support. If the court orders incarceration, a coercive fine or any other coercive sanction for failing to pay child support, it is required that conditions be set to purge the contempt, based upon the obligors present ability to pay or comply. Accordingly, the sanction of a driver’s license suspension requires the Florida marital and family law court to find a present ability to pay any purge amount set by the court.

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In a Fort Lauderdale divorce case, you may ask your Broward divorce attorney to enforce a court order or judgment. In many instances, enforcement is sought when a spouse does not pay alimony or child support. Your Florida marital and family law lawyer may also seek enforcement if your spouse does not comply with child custody orders or pay your attorney’s fees and costs. Contempt of court is a mechanism that can be used to coerce compliance or even punish for non-compliance with a court order or judgment.

In Berlow v Berlow, the Third District Court of Appeal reversed a decision of the Miami-Dade divorce court that found the former husband in contempt of court for failing to provide the former wife with an irrevocable term life insurance policy. The parties divorced in 1994. In 2006, the former husband agreed to obtain a $1,000,000 irrevocable term life insurance policy naming the former wife as the beneficiary within 90 days.

At the Miami divorce hearing, the trial court found that the former husband willfully disregarded the prior court order and ordered the former husband to pay a $5,000 fine to the Miami-Dade County Fine and Forfeiture Fund within thirty days and to provide the required life insurance policy to the former wife. However, the contempt order did not contain a purge provision.

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One of the reasons to hire a Fort Lauderdale divorce attorney during your marital and family law case in Broward County is to protect you during a contempt or enforcement hearing so that you do not wind up behind bars. Your spouse may request that the judge hold you in civil or criminal contempt of court if you do not pay your child support, alimony or attorney’s fees and costs. However, the Broward County judge can not incarcerate you in jail for a debt that you owe your spouse pursuant to a property settlement agreement.

A former Philadelphia lawyer was ordered released from jail today after serving 14 years in prison for a contempt of court charge. He was incarcerated for failing to turn over $2,500,000.00 from a divorce distribution settlement. While he contends that the money was lost in a bad investment, his ex-wife says that he sent the money outside of the USA.

During a hearing this week, the contemnor testified that he did not control the missing funds or have posession or knowledge concerning them. His lawyer argued that the civil contempt order was not effective and had turned punitive. The former wife’s lawyer argued that there was no constitutional limit on civil confinement.

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In Fiore v. Atheneos, the Fourth District Court of Appeals in West Palm Beach reversed a divorce judge who presides north of Broward County who held a mother in direct criminal contempt of court for her failure to execute her children’s passport applications. Judge Moses Baker, Jr. ordered the mother to complete the passport applications which the father had previously provided to her to execute and return. When the mother failed to comply, the Florida divorce judge treated her conduct as direct criminal contempt of court. However, on appeal, the Fourth District explains that the trial court was in error.

The court can hold a person in indirect criminal contempt, when the contemptuous conduct occurs outside of the judge’s presence. To hold a person in indirect criminal contempt first, the judge, based on his own motion or the affidavit of a person with knowledge of the contempt, issues and signs an order directed to the defendant stating the essential facts constituting the criminal contempt and directing the defendant to appear before the court. The order shall specify the time and place for the hearing on the charge of contempt and shall allow the defendant reasonable time to prepare for his or her defense

To hold a person in direct criminal contempt, the contemptuous conduct must occur in the presence of the court, in front of the judge. A judge must recite to the defendant the essential, or specific, facts upon which the court is holding the person in contempt. Second, the judge must allow the person an opportunity to explain to the court why he should not be adjudged guilty for his actions.

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In Anderson v. Department of Revenue, the Fourth District Court of Appeals reversed a Broward County, Florida divorce court decision holding an indigent father in contempt of court for his failure to pay child support and for setting a purge of $5,000.00. Judge Alfred J. Horowitz, a divorce judge in Fort Lauderdale, Florida ordered Mr. Anderson to pay $5,000 in child support arrears within 48 hours to avoid jail time. Mr. Anderson timely appealed Judge Horowitz’s order to the Fourth District Court of Appeals because he was indigent; and therefore, would not be able to make the immediate $5,000 payment. The trial court determined that Mr. Anderson was indigent purposes of his appeal.

Mr. Anderson was in child support arrears over $50,000. Even though he owed a substantial amount of money, the Fourth District Court of Appeals held that the trial court committed reversible error in finding Mr. Anderson in contempt of court and thereafter determining that he was indigent for the purposes of the appeal. The Court reasoned that the finding of indigent status evidenced an inability to pay the $5,000.00 purge.

When a party is requesting that a court find an obligor in indirect civil contempt of court, incarceration cannot be used as a means to seek compliance with the court order when the contemnor does not have the present ability to purge himself of contempt. The contemnor must have the key to the jailhouse door.