Contempt of Court / Enforcement
Orlando Contempt of Court/Enforcement Attorney
Motions for Contempt of Court/Enforcement are very useful tools if a party is not complying or abiding by the terms of a prior court order. Very often, contempt actions are utilized in order to enforce a prior child support or alimony order which a party has refused to pay. Once a contempt motion has been filed and properly severed on the opposing party, it is the Petitioner’s burden to show the court that the other party has failed to comply with the respective court order. The opposing party will have an opportunity to show the inability to comply with the court order. However, if the court finds that the party was able to comply with the order and willfully chose to disobey it, the court may find that party in contempt and may impose sanctions, such as compliance with the order, payment of attorney’s fees, costs, jail time, compensatory fines, and any other relief which is permitted by law.
Filing For Contempt of Court
For divorce cases, contempt means “a willful violation of a court order” in that a former spouse has not been keeping one or some or all parts of the final agreement, specifically for alimony and child support payments. A contempt case can be defended by saying that the former spouse did not commit a violation or that the violation is not willful.
Contempt of Court/Enforcement
If the judge finds that a spouse has indeed committed contempt, then he or she can order a contempt enforcement. The purpose of this is to make sure that the alimony and/or child support is paid, because these are usually set according to what the former spouse and/or child needs to maintain the same quality of life that they are accustomed to. The court and the former spouse who has committed contempt can negotiate on how these payments can be made, such as by installment or in one lump sum on top of additional regular payments. The court can also choose to get control of the erring former spouse’s bank accounts.
Contact Jenkinson Legal Today
If your former spouse has violated a court order and you are seeking enforcement of the order; or in the alternative if your former spouse has filed a contempt motion against you, and you are seeking legal representation to defend you against the motion, call us today for a free initial consultation. We invite you to schedule an appointment by phone at (321) 837-9547 or by e-mail through this website to discuss your needs, options, and legal rights as quickly as possible.
Jenkinson Legal has many satisfied clients throughout seven counties of Central Florida – Orange, Seminole, Osceola, Lake, Polk, Volusia, and Brevard. Here at the Florida Family Law office of Jenkinson Legal we have one simple objective: provide personalized, one on one attention to our clients’ legal worries so they can concentrate on life and family. Contact Jenkinson Legal today to learn more about our experience and success at (321) 837-9547. We are conveniently located in beautiful downtown Winter Park, Florida.